Patna High CourtCR. MISC./43974/2023bail granted

Raju Sah @ Raju Prasad v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43974 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Raju Sah @ Raju Prasad Son Of Late Shambhu Prasad @ Late Shambhu Sah Resident Of Mohalla- Purani Bazar, Ward No 1, Ps Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Anbzarul Haque Sahara,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 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. 23 of 2023 dated 11.01.2023 registered for the offences punishable u/ss 120B of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 609.24 litres of illicit liquor was recovered from a tractor. The driver of the said tractor was apprehended who disclosed that he was carrying

Patna High Court CR. MISC. No.43974 of 2023(2) dt.25-07-2023 2/2 liquor on the instruction of the petitioner and others.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the Chowkidar. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2023.

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. 23 of 2023.

8. The application stands allowed.

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