Patna High CourtCR. MISC./23993/2024bail granted

Durgesh Kumar@ Bhondi v. The State Of Bihar

2024-04-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23993 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Durgesh Kumar@ Bhondi Son Of Late Bilash Choudhary Resident Of Village - Purani Chhwani English, Barahiya Ward No. 18, PS- Barahiya, DistLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barahiya P.S. Case No. 228 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 15.375 liters liquor was recovered from the house of Bittu Kumar.

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 further submitted that name of the petitioner has been transpired on the

Patna High Court CR. MISC. No.23993 of 2024(2) dt.01-04-2024 2/2 basis of secret information. The petitioner is in custody since 12.01.2024 and has got two criminal antecedents. 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 Barahiya P.S. Case No. 228 of 2023.

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