Naresh Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55912 of 2022 Arising Out of PS. Case No.-72 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== Naresh Poddar S/O Bahoran Poddar Resident of village- Mahisari P.S.- Ujiyarpur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Angarghat P.S. Case No. 72 of 2020 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per the prosecution case, total recovery of 1203.3 litre foreign liquor has been made on the secret information, which is the subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the F.I.R. His name has figured in this case by virtue of the confessional statement

Patna High Court CR. MISC. No.55912 of 2022(2) dt.02-12-2022 2/2 only. Counsel further submits that petitioner has having clean antecedent. His name has figured in this case only due to the reason that he is the owner of a motorcycle which was alleged to be seized during raid. Counsel submits that petitioner is in custody since 29.04.2022 and charge sheet has already been filed in this case. Counsel categorically mentioned in his petition paragraph 11 that the named co-accused persons have been granted regular bail by the different Co-ordinate Benches of this Court (statement made in paragraph 11). Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court-I, Samastipur in connection with Angarghat P.S. Case No. 72 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T