Anand Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14852 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- NTPC District- Bhagalpur ====================================================== ANAND KUMAR SAH S/O LATE MADAN SAH @ MOHAN SAH R/vSikandarpur, P.S.- N.T.P.C., District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, there has been recovery of 30 liters of illegal country-made liquor from a motorcycle, which was being driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in

Patna High Court CR. MISC. No.14852 of 2023(2) dt.28-04-2023 2/2 judicial custody since 09.01.2023 The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 5,000/- (Five thousand) in the account of concerned DLSA.

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 Special Judge Exclusive Excise Court No. 2, Bhagalpur in connection with (Kahalgaon) NTPC P.S. Case No. 02 of 2023. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Five thousand) by the petitioner in the account of concerned DLSA.

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