Parsan Sah @ Parasan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77719 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- NADI District- West Champaran ====================================================== Parsan Sah @ Parasan Sah S/O Late Kariman Sah R/O Village- Puraina Hari Narayan Sah Ketola, P.S- Nadi, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raki Alam, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Nadi PS Case No. 33 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 158.94 liters of foreign liquor was recovered from bush, which was behind the house of the petitioner. Petitioner was arrested on the spot. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.77719 of 2024(2) dt.29-10-2024 2/2 that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 27-07-2024, and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Charge sheet has already been submitted in this case.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nadi PS Case No. 33 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T