Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74029 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== CHANDAN SAH Son of Dina Nath Sah R/o vill - Maghi Mugarha, P.S. - Manjhagarh, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vishambharpur P.S. Case No. 157 of 2023 registered for the offence under Sections 30(a)/41 Bihar Prohibition & Excise Act, 2022.

3. As per the prosecution case, 120 liters of IMFL has been recovered from the vehicle in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner claims clean antecedent and he is in custody

Patna High Court CR. MISC. No.74029 of 2023(2) dt.29-11-2023 2/3 since 15.08.2023. He further submits that petitioner is ready to donate Rs.20,000/- (Rupees Twenty Thousand Only) in some charitable organization without accepting the allegation.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned IVth Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No. II, Gopalganj/concerned court below in connection with Vishambharpur P.S. Case No. 157 of 2023 subject to the conditions that:- 7(i) The petitioner shall deposit an amount of Rs.20,000/- (Rupees Twenty Thousand Only) in Ramkrishna Mission Ashrama, Chhapra and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner. 7(ii) The petitioner will mark his attendance at the Manjhagarh Police Station on the first Sunday of each

Patna High Court CR. MISC. No.74029 of 2023(2) dt.29-11-2023 3/3 month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Shishir/- U T