Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31513 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- KALER District- Jehanabad ====================================================== SUNIL SAH Son of Somaru Sah Resident of Village - Thori Pandeypur, P.S.- Murar, District - Buxar, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma, 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 Kaler P.S. Case No. 44 of 2023 dated 25.03.2023 registered for the offences punishable under sections 420, 467, 468 and 471 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 162 litres of English wine and a mobile phone were recovered from a Tata pick-up vehicle.

Patna High Court CR. MISC. No.31513 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not arrested on the spot rather he was apprehended moving near the vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.03.2023. Learned A.P.P. for the State has vehemently opposed the 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, Jehenabad in connection with Kaler P.S. Case No. 44 of 2023.

The application stands allowed.

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