Patna High CourtCR. MISC./11346/2024bail granted

Satish Kumar @ Satish Rai v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 11346 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Satish Kumar @ Satish Rai S/o Mahendra Rai @ Mahender Rai R/o Village - Litiyahi, P.S. - Raghopur (Rustampur O.P), Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gangabridge P.S. Case No. 243 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1328.4 liters liquor was recovered from pick up van and on raid all people fled away.

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 has got no concern with the seized vehicle. No incriminating article has been recovered from the possession

Patna High Court CR. MISC. No. 11346 of 2024(2) dt.23-02-2024 2/2 of the petitioner. The petitioner is in custody since 04.12.2023 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gangabridge P.S. Case No. 243 of 2023.

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