Patna High CourtCR. MISC./67946/2021bail granted

Jitendra Sah v. The State Of Bihar

2022-04-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67946 of 2021 Arising Out of PS. Case No.-184 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== JITENDRA SAH S/o Shri Sah Resident of Village- Masaha Alam, P.S.- Barigania, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the petitioner and one another were arrested and 78.09 litres of Nepali saufi wine was recovered from the motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or his vehicle. He is in custody since 30.8.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.67946 of 2021(2) dt.01-04-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for over 7 months, the Court directs the petitioner to be enlarged on bail in connection with Bairgania P.S. Case no. 184 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Session Judge 2nd cum Special Judge (Excise) Sitamarhi, District Sitamarhi.

(Partha Sarthy, J) Bibhash U