Patna High CourtCR. MISC./10074/2024bail granted

Rajesh Sah @ Rajesh Kumar Sah v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10074 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- MAKER District- Saran ====================================================== Rajesh Sah @ Rajesh Kumar Sah Son of Late Naresh Sah @ Late Ram Naresh Sah R/o vill - Peer Maker, P.S. - Maker, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, 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 maker P.S. Case No. 55 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 200 liters liquor was recovered which was tied in two jute sack.

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. The name of the petitioner disclosed on the confessional statement of coaccused. The petitioner is in custody since 08.12.2023. He is on

Patna High Court CR. MISC. No.10074 of 2024(2) dt.21-02-2024 2/2 bail in the cases mentioned in para 3 of the bail application. There is no compliance of Section 100 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 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 Maker P.S. Case No. 55 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U