Patna High CourtCR. MISC./31558/2023bail granted

Shiv Charan Saday v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31558 of 2023 Arising Out of PS. Case No.-488 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== SHIV CHARAN SADAY s/o Late Matar Sadai RANNAResident of Ranna, P.S. -Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== 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 Sadar P.S. Case No. 488 of 2022 dated 13.08.2022 registered for the offences punishable u/s 30(a) of Bihar Prohibition of Excise Act.

As per the prosecution case, total 391.850 litres of foreign liquor was recovered from the house of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.31558 of 2023(2) dt.22-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the the said liquor was recovered from the outside of the petitioner's house. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.12.2022. 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, Darbhanga in connection with Sadar P.S. Case No. 488 of 2022.

The application stands allowed.

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