Patna High CourtCR. MISC./10227/2024bail granted

Rakesh Viswakarma v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10227 of 2024 Arising Out of PS. Case No.-10 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== RAKESH VISWAKARMA SON OF DIPAK BISHWAKARMA R/OJORABARI @ JOGIBARI, P.S.-GOHPUR, DISTT.-SONITPUR, STATEASSAM, (BUT IN FIR ADDRESS HAS STATED AS R/O-TANI ITA NAGAR, PAMPAM PARE, ARUNACHAL PRADESH ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Surendra 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 Bhaptiyahi P.S. Case no. 10 of 2022 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 10,019.7 liters of English wine was recovered from the truck container.

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 11.09.2023 and he is on bail in the cases mentioned in para 3 of the bail application.

Patna High Court CR. MISC. No.10227 of 2024(2) dt.21-02-2024 2/2 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 Bhaptiyahi P.S. Case No. 10 of 2022.

(Rudra Prakash Mishra, J) Prakash/- U