Patna High CourtCR. MISC./58567/2024bail granted

Shiv Kumar Sah v. The State Of Bihar

2024-08-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58567 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- JALALGARH District- Purnia ====================================================== Shiv Kumar Sah Son of Tej Narayan Sah R/V- Village- Harchandrapur, P.S.- Jalalgarh, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-08-2024 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 Jalalgarh P.S. Case No. 84 of 2024 dated 14.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 549.750 litres of illicit foreign liquor was recovered from the two different vehicles.

4. 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 apprehended co-accused person. The petitioner is the owner of one of the said vehicles but he has no concern with the alleged recovery. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.58567 of 2024(2) dt.14-08-2024 2/2 possession of the petitioner. The petitioner has four criminal antecedents and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.06.2024.

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 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, Purnea in connection with Jalalgarh P.S. Case No. 84 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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