Patna High CourtCR. MISC./59701/2024bail granted

Lal Babu Sah v. The State Of Bihar

2024-08-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59701 of 2024 Arising Out of PS. Case No.-210 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== Lal Babu Sah Son of Ramvilash Sahu @ Ramvilash Sah R/O Vill.- Belamu Sahari, Havidih, P.S.- Baheri, Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Padmanabh Kashyap, Adv For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 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 Benipur Excise P.S. Case No. 210 of 2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3.75 litres of illicit foreign liquor was recovered from the house of the petitioner which was hidden in the green grass.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather the recovery has been from the straw made hut

Patna High Court CR. MISC. No.59701 of 2024(2) dt.21-08-2024 2/2 situated at the northern side of the petitioner's house. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.07.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Darbhanga in connection with Benipur Excise P.S. Case No. 210 of 2024.

7. The application stands allowed.

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