Anup Sah @ Anup Kr. Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42131 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== ANUP SAH @ ANUP Kr. SAH son of Binod Sah Village- Shyampur Kotraha Ps- Nautan Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there has been recovery of total 120.900 liters of illegal foreign liquor from a car, Bearing No. DL8C-5917. It is further alleged that from apprehended persons mobile phones have been recovered.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. The name of the
Patna High Court CR. MISC. No.42131 of 2023(2) dt.14-07-2023 2/2 petitioner has come into light, on the basis of confessional statement of other co-accused, who apprehended on spot. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.05.2023.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Nautan P.S. Case No. 127 of 2023.
(Sunil Kumar Panwar, J) arish/- U T