Raja Ram Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61283 of 2024 Arising Out of PS. Case No.-80 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.
Raja Ram Sah Son of Jailu sah R/V- Village- Pathraha, Ward No. -09, P.S.- Ghailardh, Distt.- Madhepura 2.
Jailu Sah Son of Late Kharkhar Sah R/V- Village- Pathraha, Ward No. -09, P.S.- Ghailardh, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Excise Case No. 449 of 2020 arising out of Madhepura Excise P.S. Case No. 80 of 2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 294 litres of illict country made liquor was recovered from the Auto Rickshaw.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the
Patna High Court CR. MISC. No.61283 of 2024(2) dt.27-08-2024 2/2 alleged recovery. The petitioners are not the owner of the said seized vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has three criminal antecedents and the petitioner no. 2 has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 23.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, Madhepura, in connection with Excise Case No. 449 of 2020 arising out of Madhepura Excise P.S. Case No. 80 of 2020.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T