Hari Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13012 of 2023 Arising Out of PS. Case No.-1343 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Hari Narayan Sah Son Of Shankar Sah Resident Of Village - Mirganj, Ward No.- 01, P.S.- Mirganj, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Excise P.S. Case No. 1343 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 220.200 liters of country made liquor from the Tempo during vehicle checking by the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that the petitioner has no concern either with

Patna High Court CR. MISC. No.13012 of 2023(2) dt.25-04-2023 2/2 the vehicle in question or with the seized illicit liquor. It is also submitted that he has been apprehended by the police only for the reason that he was present at Tempo but petitioner has no knowledge about the illicit liquor kept in the vehicle and he was only one of the co-passengers of the said vehicle. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.12.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Excise P.S. Case No. 1343 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Court No.2 Purnea.

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