Patna High CourtCR. MISC./18971/2024bail granted

Dipak Sahani v. The State Of Bihar

2024-03-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18971 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Dipak Sahani S/O Kamlesh Sahani @ Kamlesh R/O Village- Sareya, P.SKhampar, Distt.- Deoria, Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. C. Jawahar, learned APP for the State.

2. The petitioner seeks bail in Bhore P.S. Case No. 06 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 73.2 liters liquor was recovered from gunny bags kept in bush 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 with the alleged recovery of liquor. It is further submitted that

Patna High Court CR. MISC. No.18971 of 2024(2) dt.13-03-2024 2/2 petitioner was going for call of nature in the field. The petitioner is in custody since 10.01.2024 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 Bhore P.S. Case No. 06 of 2024.

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