Sudama Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13890 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SUDAMA SAH Son of Ganga Sah R/o Karvar P.S.- Karghar, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail instituted for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a), 47 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 180 liters illicit liquor from a vehicle bearing Registration no. UP65-BB3542 which is alleged to be driven by the petitioner at the time of his arrest.

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. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.13890 of 2023(2) dt.26-04-2023 2/3 concern with the alleged recovery of illicit liquor. Nothing incriminating article has been recovered from his possession. It is further submitted that the petitioner is languishing in judicial custody since 6.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner was arrested on spot with the alleged vehicle from where the recovery of liquor has been made.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

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 Mohaniya P.S. Case No. 10 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IV, Kaimur at Bhabhua.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account

Patna High Court CR. MISC. No.13890 of 2023(2) dt.26-04-2023 3/3 of the concerned DLSA.

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