Patna High CourtCR. MISC./10217/2024bail granted

Raju Das v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10217 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Raju Das SON OF Shambhu Das R/O VILL -BASAITH PS -BENIPATTI DIST -MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, 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 Shahrghat P.S. Case No. 155 of 2023 instituted for the offences under Sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that a total 90 liters liquor was recovered from bike.

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 02.12.2023 and has got no criminal antecedent. There is no compliance of Section 100

Patna High Court CR. MISC. No.10217 of 2024(2) dt.21-02-2024 2/2 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 criminal 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 Shaharghat P.S. Case No. 155 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U