Shyam Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11766 of 2025 Arising Out of PS. Case No.-892 Year-2024 Thana- DIGHA District- Patna ====================================================== Shyam Babu S/o Late Lal Babu R/o Village- Kothama, P.S- Khagaul, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Digha PS Case No. 892 of 2024 instituted for the offences under Sections 25(1-b)a/26 of the Arms Act and Sectionn 30(a) and 37 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 200 ml country made liquor, one country made pistol, 1 live cartridges and 2 misfired cartridges, etc. from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and 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

Patna High Court CR. MISC. No.11766 of 2025(2) dt.25-02-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that petitioner is working as security guard and after performing his night duty he was going to his home on foot. The petitioner is in custody since 01.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Digha PS Case No. 892 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T