Patna High CourtCR. MISC./73271/2024bail granted

Munchun Sah v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73271 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Munchun Sah S/o Late Badri Sah R/o Village- Hasanpur Bazar, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khushi Awadh, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hasanpur P.S. Case No. 104 of 2024 dated 29.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 32.250 litres of illicit foreign liquor was recovered from the house of the co-accused.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Amit Chaudhary. The

Patna High Court CR. MISC. No.73271 of 2024(2) dt.08-10-2024 2/2 petitioner has no concern with the alleged recovery rather the recovery has been made from the house of the co-accused person. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Hasanpur P.S. Case No. 104 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T