Patna High CourtCR. MISC./66243/2023bail rejected

Sheo Bahadur Singh v. The State Of Bihar

2023-10-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66243 of 2023 Arising Out of PS. Case No.-366 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SHEO BAHADUR SINGH SON OF SATYENDRA SINGH RESIDENT OF VILLAGE - BHAGWATIPUR, P.S. - UDWANT NAGAR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Udwant Nagar P.S. Case no. 366 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received about accused persons being involved in manufacture of illicit liquor, it is stated that a raid was conducted. A number of accused persons including the petitioner herein were caught and 49 litres of country liquor along with other articles including 900 litres of mahua mixture, used in manufacture of liquor was recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66243 of 2023(2) dt.16-10-2023 2/2 petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. The alleged place of recovery is an open place. The petitioner has no concern with the seized articles or the land from which it was seized. He is in custody since 21.8.2023.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the recovery of 49 litres of country liquor along with other articles mentioned in the F.I.R used in the manufacture of liquor, the arrest of petitioner from the place of occurrence together with the petitioner having several antecedents under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Shiv/- U T