Patna High CourtCR. MISC./10660/2024allowed

Bailu @ Suraj Sahani v. The State Of Bihar

2024-02-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10660 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Bailu @ Suraj Sahani S/O Munna Sahani Mohalla- Sandalpur (Sandalpur Pachhi Gor), Ps.- Bahadurpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) and 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 120 liters of illegal country-made liquor near a pond.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of spy. He submitted that the petitioner has no concern with the seized liquor and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.10660 of 2024(2) dt.22-02-2024 2/2 conscious possession of the petitioner. He is languishing in judicial custody since 14.12.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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, Patna City, Patna in connection with Bahadurpur P.S. Case No. 423 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T