Patna High CourtCR. MISC./10517/2024bail granted

Sandeep Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10517 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- Excise P.S. District- Rohtas ====================================================== Sandeep Kumar, S/o- Late Ramnarayan Prasad @ Ram Narayan Ram @ Ramayan Prasad, R/o- Bieseni Khurd, P.S.- Nokha, Dist.- Rohtas At Sasaram (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rameshwar Singh, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, 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 Excise P.S. Case No. 514 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, 8.280 liters liquor was recovered from one motorcycle and the petitioner was arrested on spot.

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 and the motorcycle. The petitioner is in custody since 25.11.2023 and has got four criminal antecedents in which the

Patna High Court CR. MISC. No.10517 of 2024(2) dt.21-02-2024 2/2 petitioner is on bail in all these cases. 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 Excise P.S. Case No. 514 of 2023.

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