Naveen Kumar Sah @ Sanjay Sah @ Navin Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76755 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Naveen Kumar Sah @ Sanjay Sah @ Navin Kumar Sah Son of Late Ashok Sah Resident of Village- Bhagwanpur Chakshekhu Laheria Bazar, P.S.- Dalsinghsarai, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 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 Patori Excise P.S. Case No. 102 of 2024 dated 02.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1.500 litres of illicit foreign liquor was recovered from the motorcycle and 360 ml. of illicit foreign liquor was recovered from the possession of the co-accused Bajrangi Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.76755 of 2024(2) dt.29-11-2024 2/2 possession of the petitioner. The petitioner has nine criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 05.09.2024.

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 Patori Excise P.S. Case No. 102 of 2024, with the following conditions- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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