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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29863 of 2025 Arising Out of PS. Case No.-520 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Bihari Sah S/O Baharan Shah R/O Village- Puchhari Bazar (Kanhauli Manohar), P.S- Baniyapur, Distt.- Saran at Chapra (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Chapra Muffasil P.S. case No. 520 of 2020 instituted for the offences under Sections 467, 468, 471 of the Indian Penal Code and Sections 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 150 liters liquor was recovered out of which 130 liters liquor was recovered from car and 20 liters liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered
Patna High Court CR. MISC. No.29863 of 2025(2) dt.07-05-2025 2/2 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired on the basis of disclosure made by co-accused. The vehicles in question do not belong to the petitioner. The petitioner is in custody since 28.02.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil P.S. case No. 520 of 2020.
Pankaj/- (Rudra Prakash Mishra, J) U T