Sanjeet Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68168 of 2021 Arising Out of PS. Case No.-108 Year-2021 Thana- KHUTAUNA District- Madhubani ====================================================== SANJEET KUMAR SAH Son of Late Mithilesh Sah Resident of Village - Kathalbari, Ward No.- 13, P.S.- University, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das, Adv.

For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-06-2022 Heard.

The petitioner seeks regular bail in connection with Khutona P.S. Case No. 108 of 2021, G.R. No. 1329 of 2021, registered for the offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 179.400 liters of illicit liquor from a tempo, which was being driven by the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 30.07.2021. The learned counsel for the petitioner has further submitted that the petitioner was merely driving the tempo and the illicit liquor might be belonging to the person who was

Patna High Court CR. MISC. No.68168 of 2021(2) dt.07-06-2022 2/2 sitting in the tempo.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional District & Sessions Judge-II, (Excise), Madhubani in connection with Khutona P.S. Case No. 108 of 2021, G.R. Case No. 1329 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T