Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39039 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== SHAMBHU PRASAD, Son of Raghunath Prasad, Resident of Village - Ghorasahan Dih Ward No.- 06, P.S.- Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Ghorasahan P.S. Case No. 83 of 2023 dated 17.02.2023 registered for the offences punishable u/s 30(a) and 41(i) of the Bihar Prohibition and Excise Act. As per the prosecution case, 160.800 litres of Nepali liquor was recovered near the house of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.39039 of 2023(2) dt.05-07-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery. The petitioner is also accused in three other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.02.2023.

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, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 83 of 2023.

The application stands allowed.

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