Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86444 of 2023 Arising Out of PS. Case No.-1084 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== Madan Sah Son Of Late Saryug Sah Resident Of Village - Malahi Tola, Ward No.06, P.S. - Bairiya, District - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 76.14 litres of illicit liquor from the house of petitioner.

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. The place of recovery is a house of joint family possession. Nothing incriminating has been recovered from

Patna High Court CR. MISC. No.86444 of 2023(2) dt.12-01-2024 2/2 his conscious possession. Moreover, petitioner is languishing in judicial custody since 07.11.2023. 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 Exclusive Special Judge, Excise, West Champaran, Bettiah in connection with Bettiah P.S. Case No. 1084 of 2023.

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