Dinesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56098 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== DINESH KUMAR SAH Son of Ram Narayan Sah Resident of village - Kariyaut, ward no. 13, P.S. - Loukahi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 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 sections 272, 273 of the Indian Penal Code and sections 30(a), 41, 47 of the Bihar Prohibition & Excise Act.

3. According to the prosecution, the petitioner is alleged to have apprehended with one I. Ten vehicle from where, 72 liters of Nepali liquor was recovered. 585 liters liquor was also seized from other vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner is only said to be driver of the I.Ten vehicle but he has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.56098 of 2023(3) dt.20-09-2023 2/2 liquor. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 20.5.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is apprehended on spot with the alleged recovery.

6. The petitioner, being driver of the seize vehicle, is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jhanjharpur P.S. Case No. 77 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 Judge, Excise Act, Jhanjharpur.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Amandeep/- U T