Shivji Sah @ Shivjee Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15323 of 2023 Arising Out of PS. Case No.-464 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== SHIVJI SAH @ SHIVJEE KUMAR Son of Late Dharmbir Sah Resident of Village - Bhawan Bazar, P.S.- Bhagwan Bazar, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 60 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.10.2022. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 60 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge about liquor being kept in his house. There is no
Patna High Court CR. MISC. No.15323 of 2023(2) dt.01-05-2023 2/2 chance of trial being concluded in near future. There is no compliance of Section 100 of Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 the Court below/concerned Court in connection with Bhagwan Bazar P.S. case No. 464 of 2022.
(Sudhir Singh, J) Pankaj/- U T