Satish Kumar @ Satish v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52359 of 2021 Arising Out of PS. Case No.-162 Year-2019 Thana- GUTHANI District- Siwan ====================================================== SATISH KUMAR @ SATISH Son of Ram Mehar Resident of Village - Gopalpur, P.S. - Kharkhoda, District - Sonipat, (Haryana). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Ms.Pushpa Sinha.1 ====================================================== 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 APP for the State.
Petitioner seeks bail in connection with Guthani P.S. Case no. 162 of 2019 registered for the offence punishable under sections 420, 465, 467 of the Indian Penal Code read with sections 30(a), 38(1) and 41(i) of Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 24.7.2021, is person with clean antecedent and charge sheet has been submitted. Allegation is
Patna High Court CR. MISC. No.52359 of 2021(2) dt.24-12-2021 2/2 recovery of 2169.300 liters of liquor from a truck. It is submitted that the petitioner is not named in the FIR and his name surfaced as he is owner of the vehicle. It is submitted that being owner of the truck he was not aware what was being carried in the truck.
Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody, is person with clean antecedent and charge sheet has been submitted and was not arrested from truck, petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the ADJ II- cum- Special Judge, Excise, Siwan in Guthani P.S. Case no. 162 of 2019.
(Satyavrat Verma, J) s.hassan/- U T