Madhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13884 of 2025 Arising Out of PS. Case No.-56 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Madhu Sah S/O Kusheshwar sah R/o village - Adhvari ,P.s.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with L.N.M.U PS Case No. 56 of 2020 instituted for the offences under Sections 272, 273, 34 of IPC and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 675 litres of Nepali liquor was recovered from Bolero Car. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.13884 of 2025(2) dt.06-03-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as being owner of the seized bolero vehicle bearing Registration No. BR06PA-5975 and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 05.01.2025 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail, after framing of charge if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with L.N.M.U PS Case No. 56 of 2020, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.13884 of 2025(2) dt.06-03-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T