Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50087 of 2023 Arising Out of PS. Case No.-401 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Umesh Sah Son Of Late Raj Narayan Sah Resident Of Village- Shiura, PsPatori (MOHANPUR Op), Distt- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 155.520 liters of country made liquor under the seat of the ambulance.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has no concern either with the alleged ambulance or with the seized liquor. Nothing has been recovered from his conscious possession. It is also submitted that the driver and the owner of the said vehicle are any other persons not this

Patna High Court CR. MISC. No.50087 of 2023(2) dt.25-08-2023 2/2 petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patori(Mohanpur OP) P.S. Case No. 401 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-2, Samastipur. (Sunil Kumar Panwar, J) shubham/- U T