Balindra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1592 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- MITHANPURA District- Muzaffarpur ====================================================== BALINDRA SAH Son of Ram Sakal Sah, Resident of Village- Mura Bakhri, P.S.- Sakra, District- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Mithanpura P.S. Case No. 221 of 2021 lodged under Section 414/34 of the Indian Penal Code, 1860 and Section 30(a), 32(ii) & 41(i) of Bihar Prohibition and Excise Act, 2016. As per the allegation in the F.I.R., the total recovery of 1053.630 liters foreign liquor has been made in the present case.
Learned counsel for the petitioner submits that recovery was not made from the conscious possession of the petitioner, his name came in this case only on the basis of confessional statement and charge sheet has already been filed. He further submits that petitioner is in judicial custody since
Patna High Court CR. MISC. No.1592 of 2022(2) dt.08-06-2022 2/2 28.10.2021and having no criminal antecedent Learned A.P.P. has opposed the prayer for bail. Considering the facts of the case and after perusal of the records as well as this aspect that charge sheet has already been submitted, petitioner is in custody since 28.10.2021 and having clean antecedent, let the petitioner above named, be granted bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Mithanpura P.S. Case No. 221 of 2021. (Dr. Anshuman, J) ravishankar/- U T