Patna High CourtCR. MISC./89836/2024bail granted

Mantun Sah v. The State Of Bihar

2025-02-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89836 of 2024 Arising Out of PS. Case No.-311 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Mantun Sah S/o- Ratilal Sah Resident of Barbatta ward no 9, P.SMusarigharari, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 311 of 2019 dated 18.07.2019 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 85.170 litres of illicit foreign liquor was recovered from the toilet situated behind the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.89836 of 2024(2) dt.18-02-2025 2/2 possession of the petitioner. The name of the petitioner has transpired in this case merely on suspicion. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition in which he is on bail in both the cases. The petitioner is in custody since 28.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Excise P.S. Case No. 311 of 2019.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T