Patna High CourtCR. MISC./1490/2024bail granted

Ravindra Kumar Sah @ Ravindra Sah @ Mithu Sah v. The State Of Bihar

2024-01-31Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1490 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Ravindra Kumar Sah @ Ravindra Sah @ Mithu Sah S/o- Late Mahavir Prasad Sah Resident of Mohalla- Ward No.-1, Alinagar, P.S.- L.N.M. University, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidyanath Prasad, Advocate.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Baidyanath Prasad, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with L. N. M. University P.S. Case No. 237 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is of recovery of 13.5 litres of Nepali saufi wine from a sack kept near palm tree.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The place of

Patna High Court CR. MISC. No.1490 of 2024(2) dt.31-01-2024 2/2 recovery is an open place which is accessible to anyone. Nothing has been recovered from conscious possession of the petitioner.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with L.N.M. University P.S. Case No. 237 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T