Patna High CourtCR. MISC./10075/2024bail granted

Rakesh Nat v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10075 of 2024 Arising Out of PS. Case No.-351 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== Rakesh Nat S/O AMAWASH NAT VILLAGE- BENWALIYA, PS. BIHIYA, DIST. BHOJPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay 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 Bihiya P.S. Case no. 351 of 2019 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 7257.600 liters liquor was recovered from a truck.

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. His name disclosed during the course of investigation. The petitioner is in custody since 26.11.2023 and has got no criminal antecedent.

Patna High Court CR. MISC. No.10075 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, clean antecedent of the petitioner 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 Bihiya P.S. Case no. 351 of 2019.

(Rudra Prakash Mishra, J) Prakash/- U