Dinesh Sah @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38472 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- ISUAPUR District- Saran ====================================================== DINESH SAH @ DINESH KUMAR S/O LATE LAL BABU SAH R/O VILLAGE- ATANAGAR, P.S- ISUAPUR, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Isuapur P.S. Case No. 30/2024 lodged on 02.02.2024 under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total recovery of 1.440 liters of foreign lilquor is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has not been apprehended from the place of seizure nor anything has been recovered from the possession of the petitioner. The petitioner is in custody since 17.02.2024 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.38472 of 2024(2) dt.27-05-2024 2/2 for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (Dr. Anshuman, J) Ashwini/- U T