Patna High CourtCR. MISC./43744/2023bail granted

Shambhu Sah v. The State Of Bihar

2023-07-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43744 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- SAKRI District- Madhubani ====================================================== Shambhu Sah, S/O Baijnath Sah R/O Village- Sakri Purani Bazar, Ps. Sakri, Dist.Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr.Ravi Prakash Mr. Udesh Kumar Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 3.300 litres of liquor from a bush situated behind the house of Pawan Kumar Sahani and 8.100 litres of liquor from a sack found behind the house of the petitioner.

Patna High Court CR. MISC. No.43744 of 2023(2) dt.14-07-2023 2/2

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is next submitted that even the alleged recovery is from a place, which does not belong to the petitioner.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Madhubani in connection with Sakari P. S. Case No.36 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T