Patna High CourtCR. MISC./12850/2024bail granted

Vikash Sah v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12850 of 2024 Arising Out of PS. Case No.-604 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Vikash Sah son of Komal Sah @ Kamal Prasad Sah Village- Morauna PoDurgadih P.S.- Bikramganj Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner prays for and is permitted to make necessary correction in Paragraph No. 9 of the present bail application during course of the day.

3. The petitioner seeks bail in Bikramganj P.S. Case No. 604 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that, 58.50 liters liquor was recovered from Jhoprinuma house of the co-accused Priyanshu Kumar.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.12850 of 2024(2) dt.27-02-2024 2/2 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 name of the petitioner transpired from the confessional statement of co-accused Priyanshu Kumar. The petitioner is in custody since 05.11.2023 and has got three criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. 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 Bikramganj P.S. Case No. 604 of 2023.

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