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Patna High CourtCR. MISC./63921/2022allowed

Deepak Sah v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63921 of 2022 Arising Out of PS. Case No.-420 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Deepak Sah S/O Munshi Sah R/O Village- Hasanpur Bhadwas, P.S- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahua P.S. Case no. 420 of 2021 instituted for the offence under Sections 30(a), 32(ii), 34(ii), 38(ii), 41(i) of Bihar Prohibition & Excise (Amendment) Act, 2016 of the Indian Penal Code.

Prosecution case relates to recovery of 8812 litres and 590 ml of foreign liquor from 10 wheeler container bearing registration No. UP-21CN-4807.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern either with the alleged recovery or with the vehicle in question.

Patna High Court CR. MISC. No.63921 of 2022(2) dt.02-12-2022 2/2 The name of the petitioner has been disclosed in this case by the local chowkidar.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahua P.S. Case no. 420 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Excise Court No. 2, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T