Raja Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.118 of 2024 Arising Out of PS. Case No.-2186 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Raja Sah Son Of Yadavlal Sah @ Yadolal Sah Vill-Amawa, Ps-Turkauliya, East Champaran 2.

Sonu Kumar Son Of Pramod Thakur Vill-Amawa, Ps-Turkauliya, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Excise P.S. Case No. 2186 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 99 liters of illicit liquor from a car bearing Reg. No. HR51AC1826 and the petitioners were arrested by the police on spot. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on suspicion. It

Patna High Court CR. MISC. No.118 of 2024(2) dt.12-01-2024 2/3 is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioners and they have no concern with the seized illicit liquor. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 14.11.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioners have been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioners are directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) each by them in the District Legal Services Authority of the concerned District. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Excise P.S. Case No. 2186 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.2, Motihari, East Champaran.

Patna High Court CR. MISC. No.118 of 2024(2) dt.12-01-2024 3/3 The bail bonds of the petitioners shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten Thousand) each by the petitioners in the account of concerned DLSA.

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