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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53683 of 2022 Arising Out of PS. Case No.-222 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== Dilip Kumar Sah @ Dilip Sah S/o Sri Ram Kishore Sah R/o villageFulwariya, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Maniyari P.S. Case No. 222 of 2019 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition Act and Excise Act, 2016.

As per prosecution case, police received secret information about storage of huge quantity of India made foreign liquor at the old poultry farm of Satyanarayan Pandit and the said consignment was brought by the nephew of the said Satyanarayan Pandit. A raid was conducted at the poultry farm and co-accused fled away from there. On search of the poultry

Patna High Court CR. MISC. No.53683 of 2022(2) dt.23-11-2022 2/3 farm total 1398.420 litres was recovered. The name of the petitioner surfaced during investigation for being involved in the trade of illicit liquor.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The petitioner has no concern with the place of seizure. The co-accused Chandan Pandit has been granted regular bail by a Co-ordinate Bench vide order dated 22.03.2021 passed in Cr. Misc. No. 1985 of 2021. The petitioner is in custody since 05.06.2022 and charge-sheet has been submitted. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and further considering the submission of charge-sheet and the period of custody of this petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court No-II, Muzaffarpur in connection with Maniyari P.S. Case No. 222 of 2019, subject to the conditions mentioned in Section 437(3) of

Patna High Court CR. MISC. No.53683 of 2022(2) dt.23-11-2022 3/3 the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T