Patna High CourtCR. MISC./39731/2024bail granted

Ghanshyam Kumar Sah @ Pappu Sah @ Ghanshyam Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39731 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Ghanshyam Kumar Sah @ Pappu Sah @ Ghanshyam Kumar S/o- Upendra Sah Village- Lachhrampur Ps- Kalyanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mahendra Pratap, Advocate For the State :

Md. Mushtaque Alam, 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 Kalyanpur P.S. Case No. 356 of 2023, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 631.830 litres Indian made foreign liquor has been recovered from the house of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. It is further submitted that recovery has been made from a house which is in joint possession of this petitioner and others. Petitioner has got one criminal antecedent of similar nature in which he is already on

Patna High Court CR. MISC. No.39731 of 2024(2) dt.23-08-2024 2/2 bail. Petitioner is in custody since 03.05.2024. Moreover, chargesheet has already been submitted.

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 Exclusive Court of learned Special Judge, Excise-1, Samastipur, in connection with Kalyanpur P.S. Case No. 356 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T