Subodh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56900 of 2023 Arising Out of PS. Case No.-1080 Year-2023 Thana- NAWADA District- Nawada ====================================================== Subodh Prasad S/O- Dhaneshwar Mahto R/O- Village- Mangra, P.S.- Nawad (KADIRGANJ O.P.) Dist- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.The petitioner apprehend his arrest in connection with Nawada (Kadirganj) P.S. Case No. 1080 of 2023 registered for the offence punishable under Sections 30(a), 30(c) and 41 of Bihar Prohibition and Excise Act 2016.
3. As per prosecution case, there is alleged recovery of 150 litres country made liquor, 2 gas cylinders and other materials used for making country made liquor, seized from Jaruhiya Badh Pain. Seeing police force, three persons including the petitioner fled away whose name were disclosed by the Chaukidar.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has
Patna High Court CR. MISC. No.56900 of 2023(2) dt.30-08-2023 2/2 falsely been implicated in this case due to village politics. It is submitted that the recovery has not been made from the conscious possession of the petitioner and he has no concerned with the seized liquor. Petitioner has no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, let the petitioner above named 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Court of Exclusive Special Excise Court-I, Nawada in connection with Nawada (Kadirganj) P.S. Case No. 1080 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) shweta/- U T