Shyam Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66674 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== SHYAM SAH S/O UTTIMLAL SAH R/O VILLAGE-SHISHODIH, PS. MABBI O.P DARBHANGA, DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Benipatti P.S. Case no.171 of 2023 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, on the vehicle being searched, 8 litres of liquor was recovered and four named accused persons including the petitioner herein were arrested.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern with the vehicle in question or the seized articles. A number of co-accused including the driver of the vehicle Sushil Kumar Sah has been enlarged on bail vide
Patna High Court CR. MISC. No.66674 of 2023(2) dt.17-10-2023 2/2 order dated 5.10.2023 passed in Cr. Misc. no.62499 of of 2023.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, his being in custody since 28.7.2023 and grant of bail to the above named coaccused, the Court directs the petitioner to be enlarged on bail in connection with Benipatti P.S. Case no. 171 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani. (Partha Sarthy, J) Bibhash U T