Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37817 of 2023 Arising Out of PS. Case No.-150 Year-2016 Thana- BHELDI District- Saran ====================================================== LAL SAH, Son of Late Yogendra Sah @ Yogendra Prasad Sah Resident of village - Kishunpur, P.S.- Bheldi, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 Bheldi P.S. Case No. 150 of 2016 dated 18.09.2016 registered for the offences punishable u/s 272 and 273 of the Indian Penal Code and u/ss 47, 49 and 53 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 32.8 litres of illicit liquor was recovered from north west part of the poultry farm and 220 litres of illicit spirit was recovered from west side of the poultry

Patna High Court CR. MISC. No.37817 of 2023(2) dt.28-06-2023 2/3 farm.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the alleged liquor has been recovered from a poultry farm which does not belong to the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in 8 criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of 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, Saran in connection with Bheldi P.S. Case No. 150 of 2016 with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on

Patna High Court CR. MISC. No.37817 of 2023(2) dt.28-06-2023 3/3 two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

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