Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33601 of 2021 Arising Out of PS. Case No.-397 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== MADAN SAH SON OF RAMA SHANKAR SAH Resident of Village - Mohanpur, P.S.- Kudra, Distt.- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kudra P.S. Case No. 397 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 60.48 liters of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.33601 of 2021(2) dt.13-12-2021 2/3 been falsely implicated in the present case and he is languishing in custody since 28.1.2021. The learned counsel for the petitioner has further submitted that the house from where illicit liquor has been recovered is in the joint possession of the family members of the petitioner, hence, the petitioner cannot be singled out.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Kaimur

Patna High Court CR. MISC. No.33601 of 2021(2) dt.13-12-2021 3/3 at Bhabhua in connection with Kudra P.S. Case No. 397 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T