Chanar Sah @ Chandar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74641 of 2022 Arising Out of PS. Case No.-417 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== CHANAR SAH @ CHANDAR SAH Son of Late Raghunath Sah R/vGarabhuwa, Lala Tola, P.S.- Sirisiya, O.P., District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 30(a)/30(b) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 15 liters country made liquor and a motorcycle near canal at Garabhua Lala Tola.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. The name of the

Patna High Court CR. MISC. No.74641 of 2022(2) dt.13-01-2023 2/2 petitioner has come into light on the basis of confession made by co-accused namely, Jiut Sah. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 5.9.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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 released on bail in connection with Chanpatiya Sirisiya P.S. Case No. 417 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) amandeep/- U T