Kishori Sah @ Kishori Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57572 of 2023 Arising Out of PS. Case No.-1111 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== KISHORI SAH @ KISHORI LAL SAH SON OF LATE GAURI SAH @ GAURISHANKAR SAH RESIDENT OF VILLAGE- KHADWA MUSHAR TOLI, PS- BANJARIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the IPC and Sections 30(a), 32, 34, 41(i) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 50 liters of illegal country-made liquor from a motorcycle.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that
Patna High Court CR. MISC. No.57572 of 2023(2) dt.01-09-2023 2/2 co-accused persons, who apprehended on spot and on their confessional statement the name of the petitioner has come into light. He is languishing in judicial custody since 24.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Turkauliya P.S. Case No. 1111 of 2022.
(Sunil Kumar Panwar, J) arish/- U