Patna High CourtCR. MISC./20871/2023bail granted

Ram Sah v. The State Of Bihar

2023-05-10Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20871 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- KHIRHAR District- Madhubani ====================================================== Ram Sah Son of Nathuni Sah Resident Of Village - Darbhanga Alalpatti Chowk, P.S. - Benta (O.P.) Laheriyasarai, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Khirhar P.S. Case No. 04 of 2023 dated 03.02.2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 151.800 litres of country made nepali liquor and the same is stated to have been recovered from a tempo and as per allegation, the petitioner was found in the said tempo at the time of recovery of the alleged liquor but in actual, the petitioner was performing his duty as a driver in the said vehicle on the

Patna High Court CR. MISC. No.20871 of 2023(2) dt.10-05-2023 2/2 direction of vehicle's owner and against him, the investigation has been completed and he has fair and clean antecedent and has been languishing in jail since 04.02.2023.

4. Learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and against him, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Khirhar P.S. Case No. 04 of 2023.

(Shailendra Singh, J) annu/- U T