Patna High CourtCR. MISC./23046/2024bail granted

Arun Mahto @ Arun Prasad v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23046 of 2024 Arising Out of PS. Case No.-427 Year-2023 Thana- TARAIYA District- Saran ====================================================== Arun Mahto @ Arun Prasad Son Of Praduman Mahto @ Praduman Prasad R/O-Gawandri, P.S.-TARAIYA, Distt.-SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Taraiya P.S. case No. 427 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 total 125 liters liquor out of which 15.4 liters liquor was recovered from a hut situated in a field.

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. It is

Patna High Court CR. MISC. No.23046 of 2024(2) dt.22-03-2024 2/2 further submitted that that the hut in question does not belong to the petitioner. The petitioner is in custody since 01.01.2024 and has got no 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 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya P.S. case No. 427 of 2023.

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