Jitendra Sah @Jitendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39246 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== JITENDRA SAH @ JITENDRA KUMAR SAH S/O RAM UDGAR SAH R/O Village- Dhausahi, Ward No. 14, PS. Phulparas, Dist.Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with GR No 163 of 2023 arising out of Phulparas PS Case No 156 of 2023 dated 19.03.2023 registered for the offence punishable under Section 30 of Bihar Prohibition and Excise Act.

As per the prosecution case, 1728 litres of illicit Nepali country made liquor was recovered from the straw near the pond.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one antecedent, as stated in paragraph 3

Patna High Court CR. MISC. No.39246 of 2023(2) dt.05-07-2023 2/2 of the bail petition. He is in custody in this case since 04.05.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Jhanjharpur, Madhubani in GR No 163 of 2023 arising out of Phulparas PS Case No 156 of 2023 dated 19.03.2023. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T