Budhan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82550 of 2023 Arising Out of PS. Case No.-560 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Budhan Sah Son Of Late Nageshwar Sah Resident Of Village- Machhbakhra, Ward No. 15 P.S. Madheoura, District - Madhepura ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Wasi Ahmad Khan For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 49.200 litres of Wishcuf cough syrup from the house of petitioner. Petitioner is alleged to be apprehended on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. Nothing incriminating has been recovered from the conscious possession of petitioner. Moreover, the petitioner
Patna High Court CR. MISC. No.82550 of 2023(2) dt.20-12-2023 2/2 is languishing in judicial custody since 19.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has 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 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 Additional Sessions Judge VII-cum-Special Judge, Excise II, Madhepura in connection with Madhepura Excise P.S. Case No. 560 of 2023.
(Sunil Kumar Panwar, J) Nirajkrs/- U T