Patna High CourtCR. MISC./25771/2024bail granted

Pawan Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25771 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Pawan Singh S/O Late Ram Naresh Singh R/O Village- Ahirauli Dan, P.STareya Sujan, Distt.- Kushinagar (U.P). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Yadopur P.S. Case No. 21 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 263.88 liters of illegal country-made liquor and foreign liquor from gunny bags near the bank of Gandak Soti river.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The alleged recovery was made from an open place, which is accessible to public at large. Petitioner has no concern with the seized liquor. On the basis of suspicion, petitioner has been implicated in the present case. No incriminating article has been

Patna High Court CR. MISC. No.25771 of 2024(2) dt.04-04-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner is in custody since 20.02.2024 and has no criminal antecedent. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yadopur P.S. Case No. 21 of 2024.

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