Sudhir Sah @ Sudhir Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40751 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== Sudhir Sah @ Sudhir Kumar Sah S/O Late Dukha Sah Resident of villageKudhawa, ward no. 6, P.S- Chakmehsi, District- Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Chakmehsi P.S. Case No. 22 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 117 liters of liquor was recovered from the maize field of co-accused Vinod Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of liquor. Learned counsel for
Patna High Court CR. MISC. No.40751 of 2024(2) dt.25-06-2024 2/2 the petitioner further submits that the maize field does not belong to the petitioner and name of the petitioner has transpired on the basis of disclosure made by the villagers. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chakmehsi P.S. Case No. 22 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T