Ram Bhola Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5360 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Ram Bhola Sah S/O Late Mauje Lal Sah Resident Of Village- Sursand, Ward No.- 3, P.S.- Sursand, District- Sitamarhi.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh Smt. Divya Bharti For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 49.005 litres of I.M.F.L. and 20.100 litres of Nepali Liquor from in front of house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Nothing has been
Patna High Court CR. MISC. No.5360 of 2023(2) dt.07-04-2023 2/2 recovered from the conscious possession of the petitioner. There is no independent witness of the alleges seizure which is violation of Section 100 of Cr.P.C. He is languishing in judicial custody since 16.10.2022.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court II, Sitamarhi in connection with Sursand P.S. Case No. 519 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T