Patna High CourtCR. MISC./32173/2023bail granted

Kodai Sah v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32173 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== Kodai Sah, Son of Jagu Sah, Resident of Village- Baishhwa, PS- Gopalpur, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Balthar P.S. Case No. 16 of 2023 dated 14.02.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 18 litres of Nepali country made liquor is said to have been recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.32173 of 2023(2) dt.22-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.02.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Balthar P.S. Case No. 16 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T