Patna High CourtCR. MISC./51791/2021bail granted

Ramkalesh Nishad v. The State Of Bihar

2021-12-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51791 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== Ramkalesh Nishad Son of Durbali Nishad @ Durbali Navik Resident of Village - Ramnagar Haraipur, P.S.- Sujanganj, District - Jaunpur (Uttar Pradesh).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Aurangabad Muffasil P.S. Case No. 154 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.51791 of 2021(2) dt.24-12-2021 2/2 Learned counsel for the petitioner submits that allegation is of recovery of 5285 litres of sushav from a truck which is basically molasses used for preparing liquor. Learned counsel for the petitioner submits that the petitioner is alleged to be the driver and thus was not knowing what was being transported in the truck.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.07.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 154 of 2021.

(Satyavrat Verma, J) Rishi/- U T