Patna High CourtCR. MISC./80392/2023allowed

Mukesh Sah v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80392 of 2023 Arising Out of PS. Case No.-929 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== MUKESH SAH S/O BIRENDRA SAH @ VIRENDRA SAH VILLAGEDAKSHIN TELUA,BUDHWALIYA, PS. NAUTAN, DIST. 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.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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. As per FIR, prosecution case relates to recovery of 31.8 liter illegal liquor from two bags of the petitioner.

4. 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. The petitioner has no concern with the alleged recovery and the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. It is further submitted

Patna High Court CR. MISC. No.80392 of 2023(2) dt.14-12-2023 2/2 that the petitioner is languishing in judicial custody since 13.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 929 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 Exclusive Special Judge Excise, Bettiah West Champaran.

(Sunil Kumar Panwar, J) manishkumar/- U