Baban Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67303 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Baban Sah Son of Late Munshi Sah R/O- Revtith, P.S- Baikunthpur, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per F.I.R., total 12.06 liters of country-made liquor has been recovered from a plastic bag, kept in front of house of the petitioner.

4. It is submitted on behalf of petitioner that nothing article has been recovered from the conscious possession of petitioner and has been implicated in this case only on suspicion. Petitioner has got no criminal antecedent of similar nature.

5. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.67303 of 2024(2) dt.08-10-2024 2/2

6. Considering the nature of accusation and quantity of recovery, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. XIII-cum-Special Excise Court No. 1, Gopalganj in connection with Baikunthpur P.S. Case No. 209 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T