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Patna High CourtCR. MISC./68197/2023bail granted

Sunil Sah @ Sunil Prasad Sah v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68197 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- NTPC District- Bhagalpur ====================================================== Sunil Sah @ Sunil Prasad Sah Son Of Sukhdeo Sah Resident Of Village - Kalgiganj, P.S. - Kahalgaon, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with NTPC P.S. Case No. 40 of 2023, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution, 10 litres of illicit liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Nothing incriminating article has been recovered from the petitioner. He is in custody since 04.05.2023.

5. Learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.68197 of 2023(2) dt.18-10-2023 2/2

6. Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed.

7. 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 the learned Additional District & Sessions Judge-12th cum Special Judge Excise-02, Bhagalpur in connection with Special Excise Case No. 2331/2023, arising out of NTPC P.S. Case No. 40/2023.

8. This is also subject to the condition that the petitioner shall mark his presence in Kahalgaon Police Station, District- Bhagalpur on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T