Patna High CourtCR. MISC./8324/2024bail granted

Arjun Singh v. The State Of Bihar

2024-02-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8324 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Arjun Singh @ Arun Singh Son of Kripa Singh @ Kripa R/o vill - Tikampar, P.S. - Pataharwan, Distt. - Kushinagarm (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Vardhan, Adv.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fulwariya P.S. Case No. 448 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police, has recovered 49.200 liters country made liquor kept under the seat of erickshaw.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to local village politics. The petitioner has no concern with the seized liquor or the e-rickshaw. He further

Patna High Court CR. MISC. No.8324 of 2024(2) dt.17-02-2024 2/2 submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 04.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Fulwariya P.S. Case No. 448 of 2023 .

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