Patna High CourtCR. MISC./11370/2024bail granted

Rajan Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11370 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Rajan Kumar S/o Late Shiv Bacchan Ram R/o Vill - Aami, P.S. - Dighwara, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, 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 Doriganj P.S. Case No. 310 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, 100 liters liquor was recovered from different bags in garden. On seeing the police party a person started fleeing, but was apprehended.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. No incriminating article has been recovered from the possession of

Patna High Court CR. MISC. No.11370 of 2024(2) dt.23-02-2024 2/2 the petitioner. Petitioner is not the owner of the said garden. The petitioner is in custody since 11.10.2023 and has got one criminal antecedent 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 Doriganj P.S. Case No. 310 of 2023.

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