Bechan Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21382 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- CHANDAN District- Banka ====================================================== Bechan Tanti Son of Late Naresh Tanti Resident of Village-Pannapur, Ward No. 01, P.S.-Matihani, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chandan PS Case No. 202 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 211.50 liters liquor was recovered from Mahindra Bolero.

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 no concern with the alleged recovery of liquor. The petitioner is in custody since 19-12-2023 and has got no criminal antecedent.

Patna High Court CR. MISC. No.21382 of 2024(2) dt.18-03-2024 2/2 Petitioner has no knowledge regarding the goods loaded in the vehicle. 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 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 Chandan PS Case No. 202 of 2023.

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