Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14123 of 2023 Arising Out of PS. Case No.-503 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== MADAN SAH Son of Rama Shankar Sah R/o village - Mohanpur, P.S.- Kudra, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Asha Devi ====================================================== 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 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 19 liters of illegal country-made liquor from a Tempo. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner was only sitting in the Tempo. He submitted that the petitioner has no concern either with the seized vehicle or with the liquor. The provision of Section 100 of the Cr.P.C. has not followed in this case, while

Patna High Court CR. MISC. No.14123 of 2023(2) dt.05-05-2023 2/2 preparing the seizure list. He is languishing in judicial custody since 17.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as being an old age person, 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 Additional Sessions Judge-VII-cumSpecial Judge Excise-II, Kaimur at Bhabhua in connection with Government Official Comp. P.S. Case No. 503 of 2023. (Sunil Kumar Panwar, J) arish/- U T