Patna High CourtCR. MISC./25180/2024bail granted

Kapileshwar Sahani v. The State Of Bihar

2024-04-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25180 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- KATRA District- Muzaffarpur ====================================================== Kapileshwar Sahani Son Of Bhagaroo Sahani Resident Of Village - Bhoraha, P.S. - Katra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Katra P.S. Case No. 180 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, 209.310 liters liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this 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. Name of the petitioner has

Patna High Court CR. MISC. No.25180 of 2024(2) dt.03-04-2024 2/2 transpired as the recovery has been made from the joint house of the petitioner where other family members also reside. It is further submitted that the petitioner is a migratory labour and on the day of occurrence the petitioner was in Telangana. The petitioner has surrendered in the court below on 06.03.2024 and has got no criminal antecedent. 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 Katra P.S. Case No. 180 of 2023.

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