Patna High CourtCR. MISC./20941/2024bail granted

Manish Pandey v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20941 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Manish Pandey son of Dhanhar Pandey Village- Purushottampur Ps- Janta Bazar Dist- Saran at Chapra 2.

Pappu Pandey son of Nand Kishore Pandey Village- Purushottampur PsJanta Bazar Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Janta Bazar P.S. case No. 214 of 2023 instituted for the offences under Sections 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 8.640 liters liquor was recovered from a car.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.20941 of 2024(2) dt.18-03-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that petitioners are neither the owner nor the driver of the said vehicle. The petitioners are in custody since 20.12.2023 and have got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioner.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar P.S. case No. 214 of 2023.

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