Prabhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9960 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- MALAHI District- East Champaran ====================================================== 1.

Prabhu Sah son of Babulal Sah Resident of village-Pipara, Police StationGovindganj, District-East Champaran. 2.

Hari Kumar Son of Late Shambhu Sah. Resident of village-Sirni Bajar, Police Station-Malahi (Govindganj), District-East Champaran. 3.

Chandrawati Devi wife of Late Shambhu Sah Resident of village-Sirni Bajar, Police Station-Malahi (Govindganj), District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Malahi P.S. Case No. 152 of 2024 dated 17.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 6.120 litres of illicit foreign liquor kept in a plastic bag was recovered behind the Sachin Sweets Shop.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.9960 of 2025(2) dt.20-03-2025 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.12.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Malahi P.S. Case No. 152 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T