Patna High CourtCR. MISC./48019/2024bail granted

Shyam Bihari Sah @ Bahira v. The State Of Bihar

2024-07-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48019 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Shyam Bihari Sah @ Bahira Son of Jyothik Sah Village- Belwaray Khas, P.S.- Turkauliya, Distt.- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S. Case No. 203 of 2024 registered for the offences punishable u/s 272, 273 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 63 litres of illicit country made liquor was recovered from the sack near the bridge.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from

Patna High Court CR. MISC. No.48019 of 2024(2) dt.09-07-2024 2/2 the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.05.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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 Turkauliya P.S. Case No. 203 of 2024.

7. The application stands allowed.

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