Patna High CourtCR. MISC./10535/2024bail granted

Rajesh Kumar Saundik v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10535 of 2024 Arising Out of PS. Case No.-441 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== Rajesh Kumar Saundik, Son of Nathuni Saw @ Nathuni Sah, Resident of Village-Malpura, P.S.-Karakat, Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant 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 Dehri Nagar P.S. Case No. 441 of 2019, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 7966.08 liters liquor was recovered from truck.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R and his name transpired during course of investigation on the basis of Call Detail Report. No incriminating article has been recovered from the possession of the petitioner. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.10535 of 2024(2) dt.21-02-2024 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 11.10.2023 and has got three criminal antecedents. 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 Dehri Nagar P.S. Case No. 441 of 2019.

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