Pannalal Sah @ Pannalal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11855 of 2023 Arising Out of PS. Case No.-423 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== PANNALAL SAH @ PANNALAL PRASAD Son of Dhruv Sah @ Dhruv Prasad R/V- Semra Bajar, P.S- Banjariya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of a huge quantity of total 3023.65 liters illicit foreign liquor from 'lauj' which allegedly belongs to co-accused Ravi Kumar.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit
Patna High Court CR. MISC. No.11855 of 2023(2) dt.05-05-2023 2/2 liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was sprang up in this case on the basis of co-accused namely, Ravi Kumar who was apprehended on spot. The petitioner is languishing in judicial custody since 22.12.2022. Learned APP appearing for the State has vehemently 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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya (Banjariya) P.S. Case No. 423 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T