Patna High CourtCR. MISC./19640/2024bail granted

Gurusharan Sah v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19640 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Gurusharan Sah Son of Tetar Shah R/o Village- Khaira Tol Balat, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Sah, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard Mr. Bhavesh Sah, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in Jaynagar P.S. Case No. 20 of 2024 (G.R. No. 38 of 2024), instituted for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 279 liters liquor was recovered from behind the house of the petitioner 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. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.19640 of 2024(2) dt.15-03-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that name of the petitioner has transpired only on the basis of secret information. The petitioner is in custody since 11.01.2024 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 withJaynagar P.S. Case No. 20 of 2024 (G.R. No. 38 of 2024).

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