Patna High CourtCR. MISC./43289/2023bail granted

Neeraj Kumar @ Niraj Sah @ Neeraj Sah v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43289 of 2023 Arising Out of PS. Case No.-1049 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Neeraj Kumar @ Niraj Sah @ Neeraj Sah Son Of Late Shambhu Prasad @ Late Shambhu Sah Resident Of Village - Shrivastava Colony, Ward No. 1, P.S. - Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Shikarpur P.S. Case No. 1049 of 2022 dated 31.12.2022 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 90.84 litres of Indian made foreign liquor was recovered from the orchard of Lotaram Sah.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43289 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 1049 of 2022.

8. The application stands allowed.

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