Rajesh Sah @ Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8047 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- MAKER District- Saran ====================================================== Rajesh Sah @ Rajesh Kumar Sah Son of Late Naresh Sah @ Late Ram Naresh Sah R/o vill - Peer Maker, P.S. - Maker, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maker P.S. Case No. 79 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police-team, the accused petitioner threw the Jhola and fled away from the spot. On search, the police recovered 10 liters of illicit country-made liquor (Mahua) from the Jhola.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics and biased intention. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.8047 of 2024(2) dt.15-02-2024 2/2 has nothing to do with the seized articles and moreover, the petitioner has no concern with the seized article or the other coaccused persons. He further submits that during entire course of investigation, none of the independent witnesses have supported the case of the prosecution except the members of the raiding party. The petitioner has three criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 05.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the quantity of liquor being recovered, let the petitioner, abovenamed, 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 Maker P.S. Case No. 79 of 2023. (Rudra Prakash Mishra, J) rishi/- U T