Patna High CourtCR. MISC./68497/2023bail granted

Nagina Sah @ Nagina Prasad v. The State Of Bihar

2023-10-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68497 of 2023 Arising Out of PS. Case No.-767 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== NAGINA SAH @ NAGINA PRASAD S/O LATE KISHORI SAH R/O VILLAGE- BELWANIYA, P.S- SHIKARPUR, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Excise P.S. Case No. 767 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 26.07.2023 and there is recovery of 0.540 litres of illicit liquor from his possession. Considering the period of custody and minuscule recovery of liquor from his possession, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.68497 of 2023(2) dt.19-10-2023 2/2 learned Exclusive Special Judge, Excise-I, West Champaran at Bettiah in connection with Excise P.S. Case No. 767 of 2023. The Special Judge, Excise-I, West Champaran at Bettiah is advised not to reject the bail application in cases of such minuscule recovery of illicit liquor even if the criminals have criminal antecedents of similar nature.

Let a copy of this order be communicated to the District Judge, West Champaran at Bettiah for its compliance through FAX and e-mail forthwith.

(Sandeep Kumar, J) Harsh/ U T