Patna High CourtCR. MISC./46024/2024bail granted

Raja Sah v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46024 of 2024 Arising Out of PS. Case No.-907 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Raja Sah Son of Yado Lal Sah Village- Gaira Ward No. 02, P.S.- Kotwa, Distt.- East Champaran 2.

Sonu Kumar Son of Pramod Thakur Village- Amwa (AMAWA) Ward No.- 02, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 907 of 2024 dated 31.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 135 liters of illicit Nepali country made liquor was recovered from the dickey of the Alto Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the

Patna High Court CR. MISC. No.46024 of 2024(2) dt.02-07-2024 2/2 said vehicle and the same was not being driven by them at the time of the alleged recovery. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, East Champaran, in connection with Excise P.S. Case No. 907 of 2024.

7. The application stands allowed.

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