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Patna High CourtCR. MISC./70596/2022allowed

Lal Sah @ Vinay Kumar Sah v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70596 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- MAKER District- Saran ====================================================== LAL SAH @ VINAY KUMAR SAH S/O Late Yogendra Sah @ Yogendra Prasad Sah R/O Kishunpur, P.S- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 328, 308, 304, 120B/34 of the Indian Penal Code and sections 37(i)(ii) of Bihar Excise & Prohibition Act.

As per allegation in the FIR, petitioner in associate of other accused persons used to sell spurious liquor and nine persons died due to consumption of spurious liquor. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide

Patna High Court CR. MISC. No.70596 of 2022(4) dt.19-06-2023 2/2 order dated 9.5.2023 passed in Cr. Misc. No. 69215 of 2022. Petitioner is languishing in judicial custody since 24.8.2022. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-2, Saran at Chapra in connection with Maker P.S. Case No. 179 of 2022. (Sunil Kumar Panwar, J) sushma/- U