Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9512 of 2023 Arising Out of PS. Case No.-437 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Pramod Sah Son Of Late Satnarayan Sah R/O Vill.- Laukaha, Ward No. 5, P.S.- Raghopur, Distt.- Supaul 2.

Santosh Kumar Sah Son Of Ram Vinay Sah R/O Vill.- Hullas, Ward No. 10, Vishkarma Chowk, P.S.- Raghopur, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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 117 litres of Nepali liquor from Baithka.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the alleged recovery or with the place of occurrence. The place of seizure is an open place, accessible to any person. Neither

Patna High Court CR. MISC. No.9512 of 2023(2) dt.18-04-2023 2/2 the petitioners were arrested on spot nor any incriminating article has been recovered from his conscious possession. They are languishing in judicial custody for more than four months.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. II, Civil Court, Supaul in connection with S.T. Excise 1718 of 2022, arising out of Raghopur P.S. Case No. 437 of 2022.

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