Patna High CourtCR. MISC./16337/2024bail granted

Rambabu v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16337 of 2024 Arising Out of PS. Case No.-676 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Rambabu son of Braj Nandan Ray @ Brijnandan Ray Village- Sarmastpur PsSakra Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sakra P.S. Case No. 676 of 2023, instituted for the offences punishable under Sections 30(a), 32(1), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 990.720 liters liquor was recovered from two vehicles and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.16337 of 2024(2) dt.06-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner is not owner of the seized vehicles and has no concern with other co-accused persons. The petitioner is in custody since 18.12.2023 and has got no criminal antecedent. 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 Sakra P.S. Case No. 676 of 2023.

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