Harilal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54630 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Harilal Sah Son of Bishuni Sah, Resident of Vill - Shyampur Kotraha, P.S. - Bairiya, Distt. - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Bairiya P.S. Case No.124 of 2023 dated 09.05.2023, lodged under Sections 414, 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of one liter of wine has been made from a motorcycle which belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence, petitioner is aged about 60 years. He further submits that petitioner has kept his motorcycle in a nearby road and went for

Patna High Court CR. MISC. No.54630 of 2023(2) dt.23-08-2023 2/2 certain market purpose and due to enmity one liter wine has been transplanted in his vehicle and his name has falsely been implicated in this case. He also submits that the antecedent of petitioner is clean and he has never involved in such type of activities but due to enmity somebody has done this thing.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, District West Champaran, in connection with Bairiya P. S. Case No.124 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Ritik/- U T