Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17874 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Rajesh Sah Son Of Tuntun Sah Resident Of Village - Puraina, P.S.- Minapur, Panapur O.P., District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 30(a), 32(i)(ii), 36, 41 Bihar Prohibition and Excise Act. The prosecution case relates to recovery of total 578.235 liters illicit foreign liquor from a pick-up van bearing Reg. No. BR01GL-8143.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The petitioner has not been apprehended on the spot nor vehicle in question belongs to him. He has got no

Patna High Court CR. MISC. No.17874 of 2023(2) dt.12-05-2023 2/2 criminal antecedent. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 12.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 12 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 Special Judge Excise Court No-2, Muzaffarpur.

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