Patna High CourtCR. MISC./37432/2024bail granted

Shayam Nandan Sah @ Shyam Nandan Sahu v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37432 of 2024 Arising Out of PS. Case No.-66 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Shayam Nandan Sah @ Shyam Nandan Sahu son of Shivji Sah VillageNarahi, Ps- Andhramath, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 66 of 2022 dated 04.05.2022 for the offences punishable u/ss 272, 273 and 414 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 135 litres of illicit Nepali liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case merely on suspicion. The petitioner is not the owner of the said

Patna High Court CR. MISC. No.37432 of 2024(2) dt.04-07-2024 2/2 vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 29.02.2024 passed in Cr. Misc. No. 12519 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, Jhanjharpur, Madhubani in connection with Anadharamath P.S. Case No. 66 of 2022.

7. The application stands allowed.

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