Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34998 of 2023 Arising Out of PS. Case No.-364 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== RAJ KUMAR SAH Son of Late Ram Chandra Sah Resident of - Azam Nagar, Kumhar Tola, P.S.- L.N.M.U., District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Padmanabh Kashyap For the Opposite Party/s :

Mr. Nityanand, 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 Darbhanga Excise P.S. Case No. 364 of 2023 dated 05.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 69 litres of Nepali Saufi liquor was recovered from the litchi garden near the bank of the Bagmati river and the police apprehended two persons namely, Chotu Kumar and Raj Kumar Sah (Petitioner.)

Patna High Court CR. MISC. No.34998 of 2023(2) dt.25-05-2023 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 said liquor was recovered from the Litchi garden. Learned counsel has submitted that the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.03.2023.

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, Darbhanga in connection with Darbhanga Excise P.S. Case No. 364 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U