Patna High CourtCR. MISC./34137/2023bail granted

Jitendra Kumar Sah v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34137 of 2023 Arising Out of PS. Case No.-270 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Jitendra Kumar Sah Son Of Ram Udgar Sah Resident Of Village - Dhausahi, Ward No. 14, P.S. - Phulparas, Distt. - Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 Excise P.S Case No. 270/23 arising out of G.O. Case No. 1106/23 dated 28.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 72 litres of illicit liquor was recovered from the house of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34137 of 2023(2) dt.25-05-2023 2/2 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 has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

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, Madhubani in connection with Excise P.S Case No. 270/23 arising out of G.O. Case No. 1106/23. The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U