Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69498 of 2022 Arising Out of PS. Case No.-406 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Raj Kumar Sah Son Of Ramchandra Sah Resident Of Village- Kothiya, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of 698.76 liters of foreign wine from the house of the petitioner and a car bearing Registration no.BR-01-CY-3967 parked at the door of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is ready to deposit Rs.20,000/- in favour of the District Legal Services Authority, Motihari, East

Patna High Court CR. MISC. No.69498 of 2022(2) dt.06-01-2023 2/2 Champaran and petitioner is in judicial custody since 24.09.2022.

Learned APP appearing for the State opposed the prayer for regular bail of the petitioner and submitted that the said liquor was recovered from the house of the petitioner and a car parked at the door of the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 learned Special Judge, Excise Court No.II, Motihari, East Champaran in connection with Madhuban P.S. Case No. 406 of 2022, subject to the condition that at the time of furnishing bail bond, the petitioner shall produce receipt of Rs.20,000/ meant to be paid to District Legal Services Authority, Motihari, East Champaran. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T