Shiv Chandra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85115 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Shiv Chandra Das, S/o- Late Gyanchndr Das @ Late Gyanchandra Das, Resident of Village-Mahmdipur Paswan Chauk @ Mahmdipur @ Mahmmadpur, P.S.-Mohiuddinagar @ Mohiuddin Nagar, District-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sushil Kumar Jha, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Mohiuddin Nagar P.S. Case No.90 of 2024 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 10 liters of country made liquor was recovered from the house 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 been falsely implicated in this
Patna High Court CR. MISC. No.85115 of 2024(2) dt.07-01-2025 2/2 case. Nothing has been recovered from his conscious possession. He has no concern with the alleged liquor. There is no independent witness of the seizure list. Petitioner is in judicial custody since 29.04.2024.
5. The application for bail is opposed by learned APP for the State and submitted that petitioner is having criminal antecedent of three cases of similar nature.
6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-02, Samastipur, in connection with Mohiuddin Nagar P.S. Case No. 90 of 2024.
(Ashok Kumar Pandey, J) lata/- U T