Patna High CourtCR. MISC./54366/2024bail granted

Dashrath Sah v. The State Of Bihar

2024-08-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54366 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Dashrath Sah, aged about 42 years, Male, Son of Mukurdhan Sah, Resident of Village- Ushti, P.S.- Baniyapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Mashrakh Excise P.S. Case No. 30 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, total 34.56 litres illicit foreign liquor has been recovered beneath the seat of Erickshaw.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner is in judicial custody since 02.05.2024.

Patna High Court CR. MISC. No.54366 of 2024(2) dt.02-08-2024 2/2

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. From perusal of the FIR and the impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner that similarly situated co-accused person namely Pappu Kumar has been granted bail by this Court in Cr. Misc. No. 27936 of 2024 vide order dated 15.04.2024, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Mashrakh Excise P.S. Case No. 30 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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