Patna High CourtCR. MISC./16567/2024bail granted

Sanjay Prasad Tamoli @ Sanjay Tamoli v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16567 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- HISUWA District- Nawada ====================================================== Sanjay Prasad Tamoli @ Sanjay Tamoli Son of Late Bhagwan Das Tamoli Resident of Village-Hisua Brham Pichash, Police Station-Hisua, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, 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 Hisua P.S. Case No. 71 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, 18.480 liters liquor was recovered from a place near house of the petitioner and he 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.16567 of 2024(2) dt.06-03-2024 2/2 petitioner is not owner of the said house and the place of recovery is a public place which is accessible to everyone. The petitioner is in custody since 02.02.2024 and has got one criminal antecedent in which the petitioner is on bail. 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 Hisua P.S. Case No. 71 of 2024.

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