Patna High CourtCR. MISC./13183/2024bail granted

Pappu Chaudhary v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13183 of 2024 Arising Out of PS. Case No.-420 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Pappu Chaudhary Son of Late Baso Chaudhary R/o Village - Kayampur, P.S.- Giriyak (Pawapuri), District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Griyak (Pawapuri) P.S. Case No. 420 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 30 liters liquor was recovered from plastic gallons.

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. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged

Patna High Court CR. MISC. No.13183 of 2024(2) dt.28-02-2024 2/2 recovery was not made from the house of the petitioner and name of the petitioner was also disclosed by the villagers. The petitioner is in custody since 04.01.2024 and has got three criminal antecedents in which he is on bail. 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 Griyak (Pawapuri) P.S. Case No. 420 of 2023.

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