Patna High CourtCR. MISC./50268/2023bail granted

Rajendra Sah @ Rajendra Kumar Sah v. The State Of Bihar

2023-08-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50268 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- PALASI District- Araria ====================================================== Rajendra Sah @ Rajendra Kumar Sah, Son Of Late Ratilal Sah R/O-Urlaha, Ward No. 8, P.S.-PALASI, Distt.-ARARIA, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 4.05 litres of liquor from a Tin House of the petitioner and 10.2 litres of liquor from a place behind the house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the house, which is a joint family property and thus,

Patna High Court CR. MISC. No.50268 of 2023(2) dt.03-08-2023 2/2 cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-II, Araria in connection with Palasi P. S. Case No.192 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T