Patna High CourtCR. MISC./73491/2022bail granted

Amod Kumar Sah v. The State Of Bihar

2023-02-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73491 of 2022 Arising Out of PS. Case No.-283 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== AMOD KUMAR SAH Son of Late Bhutai Sah R/v- Hurda, P.S.- Khutauna, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Laukaha PS case no. 283 of 2022 instituted for the offences punishable under Section 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. The allegation is regarding recovery of 34.80 liters of illicit liquor from the motorcycle of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 16.10.2022. The learned counsel for the petitioner has further submitted that considering the period of incarceration of the petitioner, a sympathetic view may be taken.

Patna High Court CR. MISC. No.73491 of 2022(2) dt.10-02-2023 2/2 Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Laukaha PS case no. 283 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T