Patna High CourtCR. MISC./15939/2024bail granted

Satyendra Prasad v. The State Of Bihar

2024-03-06Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15939 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Satyendra Prasad S/o Shivsagar Singh R/o vill - Changera Mangera, P.S. - Khalilabad (Kotwali), Distt. - Sant Kabir Nagar, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raushan Raj, Adv.

For the Opposite Party/s :

Mr. Nirmala Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chapra Railway P.S Case No. 237 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Excise and Prohibition and Amendment Act, 2018.

3. As per prosecution case, total 69.120 litre illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has

Patna High Court CR. MISC. No.15939 of 2024(2) dt.06-03-2024 2/2 been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 02.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Exclusive Special Excise Judge, 3rd , Saran in connection with Chapra Railway P.S Case No. 237 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T