Shahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76541 of 2019 Arising Out of PS. Case No.-339 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

SHAHIL Son of Satbir Resident of Village and P.O. - Rohet, P.S.- DistrictSonipath, Hariyana 2.

Manish Son of Sukhbir Singh Resident of Village - Rohet, P.S. + DistrictSonipat, Hariyana ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kameshwar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Sahebganj P.S. Case No. 339 of 2019, disclosing offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 36, 38 of the Bihar Prohibition and Excise Act, 2016.

The police are said to have noticed huge quantity of illicit liquor being unloaded from a truck. When the police went there for action, certain persons were seen fleeing from the place of occurrence after noticing the presence of the police. They were chased and 11 of them including the petitioner were apprehended. Huge quantity of illicit liquor to the tune of 1617

Patna High Court CR. MISC. No.76541 of 2019(4) dt.17-03-2020 2/2 litres was seized by the police.

Learned counsel appearing on behalf of the petitioners has submitted that there has not been any recovery from the petitioners' possession of any incriminating material. He has further submitted that the petitioners were apprehended only because they were seen fleeing from the place of occurrence. The persons, who were unloading the articles, namely, Kundan Ram and Sukeshwar Ram are said to have confessed before the police and disclosed the name of the persons, on whose behalf they were working and unloading the illicit liquor. Petitioners are in custody since 07.08.2019.

Considering the nature of accusation against these petitioners, as mentioned in the FIR, a case for grant of regular bail is made out. This application is allowed. Let the petitioners, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), each with two sureties of the like amount, each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in Sahebganj P.S. Case No. 339 of 2019. (Chakradhari Sharan Singh, J) Rajesh/- U T