Patna High CourtCR. MISC./28238/2024bail granted

Shivnath Sah v. The State Of Bihar

2024-04-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28238 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Shivnath Sah Son Of Late Mahendra Sah Resident Of Village - Pipra (Bediban Madhuban), P.S. - Pipra, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise (Madhubani) P.S. Case No. 83 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 67.325 liters liquor was recovered from behind the shop of the petitioner.

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. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery has been made from an open

Patna High Court CR. MISC. No.28238 of 2024(2) dt.18-04-2024 2/2 place which is easily accessible to everyone. Name of the petitioner has transpired on the basis of disclosure made by the local villagers. The petitioner is in custody since 07.03.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Madhubani) P.S. Case No. 83 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T