Mukesh Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.535 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Mukesh Sah son of Ram Lagan Sah @lagan Sah village Tilk Tajpur, Tole Ram Nagar, P.S.-Runni Saidpur, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(i)(ii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 2689.5 liters of illegal liquor from different vehicles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local Choukidar. He submitted that the petitioner has no concern either with the seized vehicles or with the wine in question. No incriminating article has been recovered from

Patna High Court CR. MISC. No.535 of 2024(2) dt.16-01-2024 2/2 the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He is languishing in judicial custody since 11.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court concerned in connection with Runisaidpur P.S. Case No. 280 of 2023.

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