Patna High CourtCR. MISC./14752/2024bail granted

Shambhu Prasad v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14752 of 2024 Arising Out of PS. Case No.-716 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Shambhu Prasad S/o- Late Bhikhari Sah Village- Malahi Bazar Ps- Malahi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 The matter has been listed today under the heading "To be Mentioned" at the instance of the petitioner.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Govindganj (Malahi) P.S. Case No. 716 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

4. As per prosecution case, the police has recovered 10 liters of country made liquor from the shop of the accused/petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing

Patna High Court CR. MISC. No.14752 of 2024(2) dt.28-02-2024 2/3 incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has three criminal antecedents of similar nature of offence as has been stated in paragraph no.3 of the present bail application but, in all, he is on bail. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 30.12.2023.

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

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also having considered the quantity of the liquor recovered, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Govindganj (Malahi) P.S. Case No. 716 of 2023, subject to the conditions;

Patna High Court CR. MISC. No.14752 of 2024(2) dt.28-02-2024 3/3 (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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