Patna High CourtCR. MISC./72202/2024allowed

Amod Kumar Sah v. The State Of Bihar

2024-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72202 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== Amod Kumar Sah Son of Radha Kishan Sah @ Radhe Sah R/O Vill.- Atari, P.S.- Laukahi, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution is that there has been recovery of total 990 liters of Country made liquor from a Pickup Van and this petitioner who is driver-cum-owner, was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his conscious possession and he has no concern with the alleged recovery of liquor. A statement has been made in para-3

Patna High Court CR. MISC. No.72202 of 2024(2) dt.07-10-2024 2/2 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, his court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manigachhi P.S. Case No. 152 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga.

(Ashok Kumar Pandey, J) Shubham/- U T