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Patna High CourtCR. MISC./40194/2024bail granted

Mahadev Sah @ Vijay Sah v. The State Of Bihar

2024-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40194 of 2024 Arising Out of PS. Case No.-630 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Mahadev Sah @ Vijay Sah son of Late Upendra Sah Village- Pologram Hansda Ps- Sadar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Praveen Kumar Agrawal, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Sadar P.S. Case No. 630 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 900 ml. of illicit liquor was recovered from a scooty.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is neither owner nor driver of the vehicle in question and he has been made an accused in this case merely on suspicion, It is further submitted that nothing has been recovered from conscious possession of this petitioner and he is in custody since 02.04.2024. Moreover, chargesheet has already been submitted.

Patna High Court CR. MISC. No.40194 of 2024(2) dt.23-08-2024 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of accusation and period of custody, the prayer for bail of petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, Purnea, in connection with Sadar P.S. Case No. 630 of 2022. (Prabhat Kumar Singh, J) shashank/- U T