Batohi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65463 of 2024 Arising Out of PS. Case No.-253 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Batohi Sah Son of Permeshwar Sah Resident of village- Labhgaon, P.s.- Gangaur, Distt.- Khagariya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Begusarai Excise P.S. Case No. 253 of 2024, registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act, 2018.

3. As per allegation, 613.260 litres of illegal foreign liquor was recovered from an old rickshaw in which the petitioner was travelling.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is a person of clean antecedent. He is under custody since 17.07.2024.

5. On the other hand, learned APP for the State has

Patna High Court CR. MISC. No.65463 of 2024(2) dt.19-09-2024 2/2 opposed the prayer for bail of the petitioner.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Begusarai in connection with Begusarai Excise P.S. Case No. 253 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted. It is hereby made clear that the criminal antecedent of the petitioner must be verified within one month from the date of receipt of this order.

(Nawneet Kumar Pandey, J) priyanka/- U T