Patna High CourtCR. MISC./11075/2024bail granted

Mohan Singh Rajput v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11075 of 2024 Arising Out of PS. Case No.-676 Year-2023 Thana- Excise P.S. District- Buxar ====================================================== Mohan Singh Rajput Son Of Bhawar Singh Resident of Mohalla- Naya Mura, Ps- Gorunda, Dist- Udaypur (Rajsthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Buxar) P.S. Case No. 676 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered altogether 5328.360 liter illegal English wine from the truck bearing Registration No. UP80GT-0614. The police has also recovered Rs. 1600/- from the co-accused Mohan Singh (the petitioner).

Patna High Court CR. MISC. No.11075 of 2024(2) dt.22-02-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is the driver of the alleged truck. The petitioner was not aware of the contents of the material loaded in the truck. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 30.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.11075 of 2024(2) dt.22-02-2024 3/3 of Court below/concerned Court in connection with Excise (Buxar) P.S. Case No. 676 of 2023.

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