Subhash Kumar @ Sudhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33324 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- MASHRAK District- Saran ====================================================== SUBHASH KUMAR @ SUDHU SAH Son of PradipSah @ Theha Resident of Village - Dumarson, P.S.- Masrakh, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Ban Bihari Singh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30, 30(a) & 47 of the Bihar Prohibition and Excise Act, 2016.

50 liters of country made liquor is said to have been recovered from the possession of the Shankar Mahto while other accused managed to escape and as per account of the apprehended accused he had purchased the aforesaid liquor from the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.33324 of 2019(2) dt.21-05-2019 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in the case by the apprehended accused due to animosity. He has been languishing in custody since 22.04.2019. Shankar Mahto has been enlarged on bail by the learned lower Court.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IX-cum-Special Judge, Saran at Chapra in connection with Masrakh P.S. Case No.42 of 2019.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T