Patna High CourtCR. MISC./10223/2024bail granted

Govind Kumar Sah @ Govind v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10223 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- TARABARI District- Araria ====================================================== Govind Kumar Sah @ Govind S/O RAJ KUMAR SAH VILLAGEBATURBARI, WARD NO. 07, PS. TARABARI, DIST. ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tarabari P.S. Case no. 136 of 2023 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 317.215 liters English wine was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 12.12.2023 and has got no criminal antecedent. There is no compliance of Section 100

Patna High Court CR. MISC. No.10223 of 2024(2) dt.21-02-2024 2/2 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, clean criminal antecedent of the petitioner 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 Tarabari P.S. Case no. 136 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U