Patna High CourtCR. MISC./21778/2024bail granted

Dharmendra Prasad v. The State Of Bihar

2024-03-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21778 of 2024 Arising Out of PS. Case No.-239 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Dharmendra Prasad S/O Late Nagendra Prasad @ Nagendra Prasad Patel R/O Village- Musharwa Ward No. 5, P.S- Palanwa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Palanwa (Bhelahi) P.S. Case No. 239 of 2023, instituted for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 84 liters liquor was recovered from bicycle and the petitioner was apprehended on spot.

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.21778 of 2024(2) dt.20-03-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the seized bicycle and he has no knowledge regarding the said recovery. The petitioner is in custody since 22.12.2023 and has got two criminal antecedents 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 Palanwa (Bhelahi) P.S. Case No. 239 of 2023.

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