Shiv Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60497 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== 1.

SHIV SHANKAR SAH S/O LATE PREMCHAND SAH R/O VILLAGAMWARI, P.S- RAGHUNATHPUR, DISTT.- SIWAN. 2.

AFSAR ALI @ AFSAR ALI SAH S/O AJMER SAH R/O VILLAGESULTANPUR TAKIA, P.S- ANDAR, DISTT.- SIWAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 268.560 litres of IMFL from Bolero vehicle of both the petitioners and both the petitioners were apprehended on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioners are simply the driver and they had no knowledge about the contraband goods kept in the vehicles. They have no concern with the alleged vehicle and the liquor. Petitioners are

Patna High Court CR. MISC. No.60497 of 2023(3) dt.06-11-2023 2/2 languishing in judicial custody since 24.7.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioners are directed to deposit Rs. 15,000/- (Rs. fifteen thousand) each in the concerned DLSA. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Siwan in connection with Mairwa P.S. Case No. 228 of 2023.

The bail bonds of the petitioners shall be accepted by the learned court below on showing separate receipts of deposit of Rs. 15,000/- (fifteen thousand only) each by the petitioners in the account of concerned DLSA.

(Sunil Kumar Panwar, J) nirajkrs/- U