Sanjay Prasad @ Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.787 of 2025 Arising Out of PS. Case No.-564 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sanjay Prasad @ Sanjay Sah Son of Jaga Sah Resident of Village - Katahan, Police Station - Muffasil Motihari, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and Mr. N.N. Tiwari, learned APP for the State.
2.
The petitioner seeks bail in connection with Muffasil PS Case No. 564 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 70 liters country made liquor was recovered from E-rickshaw. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is the owner as also the driver of the vehicle in question. The
Patna High Court CR. MISC. No.787 of 2025(2) dt.18-01-2025 2/2 petitioner is in custody since 20-11-2024 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil PS Case No. 564 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T