CR. MISC./52359/2021 of SATISH KUMAR @ SATISH Vs The State of Bihar on 24 December 2021

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24-12-2021

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL 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

The present petition has been taken up for consideration through the mode of Video conferencing in viewof the prevailing situation on account of COVID 19 Pandemic,requiring social distancing.

Heard learned counsel for the petitioner and learnedAPP for the State.

Petitioner seeks bail in connection with Guthani P.S.Case no. 162 of 2019 registered for the offence punishableunder sections 420, 465, 467 of the Indian Penal Code read withsections 30(a), 38(1) and 41(i) of Bihar Prohibition and ExciseAct.

Learned counsel for the petitioner submits that thepetitioner is in custody since 24.7.2021, is person with cleanantecedent and charge sheet has been submitted. Allegation is s.hassan/- UT

recovery of 2169.300 liters of liquor from a truck. It issubmitted that the petitioner is not named in the FIR and hisname surfaced as he is owner of the vehicle. It is submitted thatbeing owner of the truck he was not aware what was beingcarried 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 beensubmitted and was not arrested from truck, petitioner is directedto be released on bail on furnishing bail bonds of Rs 25,000/-(twenty five thousand) with two sureties of the like amount eachto the satisfaction of the ADJ II- cum- Special Judge, Excise,Siwan in Guthani P.S. Case no. 162 of 2019.

(Satyavrat Verma, J)