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Patna High CourtCR. MISC./29983/2024bail granted

Azad Singh v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29983 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- AMNAUR District- Saran ====================================================== Azad Singh S/o Late Krishna Singh R/o vill - Parshurampur, P.S. - Amnour, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amnour PS Case No. 301 of 2023 instituted for the offences under Sections 30(a), 33 & 34 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 880 liters of spirit was recovered from motorcycle and veranda. 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 submitted

Patna High Court CR. MISC. No.29983 of 2024(2) dt.19-04-2024 2/2 that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 15-02-2024 and has got three 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 Amnour PS Case No. 301 of 2023.

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