Patna High CourtCR. MISC./61475/2024bail granted

Dinesh Sah v. The State Of Bihar

2024-08-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61475 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- NIMACHANDPURA District- Begusarai ====================================================== Dinesh Sah Son of Shankar Sah @ Shankar Saw Residence of village- Ajhor, P.S.- Neema Chandpura, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 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 Neemachandpura P.S. Case No. 26 of 2024 dated 14.04.2024 registered for the offences punishable under Sections 25(1-b)a, 25(1-AA), 26 and 35 of the Arms Act and Sections 30(a), 30(b) and 30(c) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 15 litres of illicit country made liquor and one country made pistol were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come in this case on secret

Patna High Court CR. MISC. No.61475 of 2024(2) dt.28-08-2024 2/2 information. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2024.

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 period of custody, the petitioner abovenamed, 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, Begusarai in connection with Neemachandpura P.S. Case No. 26 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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