Patna High CourtCR. MISC./79793/2023allowed

Naresh Sah v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79793 of 2023 Arising Out of PS. Case No.-570 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Naresh Sah Son Of Late Maheshwar Sah Resident Of Village - Singhiya Khurd, Police Station - Karpurigram, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 2514.240 liters of country made liquor near a DharamKanta from a truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot from where the recovery has been made. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. A statement has been made in para-3 of this petition that the

Patna High Court CR. MISC. No.79793 of 2023(2) dt.11-12-2023 2/2 petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tajpur (Waini O.P.) P.S. Case No. 570 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-02, Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T