Patna High CourtCR. MISC./39900/2023bail granted

Kishan Sah @ Kanhaiya Sah v. The State Of Bihar

2023-07-17Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39900 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- KADWA District- Katihar ====================================================== KISHAN SAH @ KANHAIYA SAH, Son Of Late Shambhu Sah, R/OPurana Sonaili, P.S.-Kadwa, Dist.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Kadwa P.S. Case No. 79 of 2023, dated 18.04.2023 registered for the offences punishable under Sections 379, 414, 411 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 22.5 litres of foreign liquor form a motor cycle and the petitioner was allegedly found having possession of the said motorcycle and the alleged wine. Police suspected the said motorcycle to be stolen one and the said allegations are completely false and the petitioner has been falsely roped in this case and he has been

Patna High Court CR. MISC. No.39900 of 2023(2) dt.17-07-2023 2/2 languishing in jail since 19.04.2023. Further submission is that against the petitioner there is criminal antecedent of one case in which he is on bail and against the petitioner investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly completion of investigation against the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kadwa P.S. Case No. 79 of 2023. (Shailendra Singh, J.) Maynaz/- U T