Patna High CourtCR. MISC./2114/2025bail granted

Hare Ram Singh v. The State Of Bihar

2025-01-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2114 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Hare Ram Singh S/o- Jiut Singh village - Mahamada , P. S - Gorkha , District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sadar Excise P.S. case No. 175 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 10 liters liquor was recovered from the dicky of the 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 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that motorcycle in question does not belong to

Patna High Court CR. MISC. No.2114 of 2025(2) dt.17-01-2025 2/2 the petitioner and the petitioner was a passerby of the way. The petitioner is in custody since 27.09.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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 Sadar Excise P.S. case No. 175 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T