Patna High CourtCR. MISC./26386/2024bail granted

Durga Mahaldar v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26386 of 2024 Arising Out of PS. Case No.-236 Year-2024 Thana- Excise P.S. District- Bhagalpur ====================================================== Durga Mahaldar Son Of Late Sahendra Mahaldar @ Shailendar Mahaldar Resident Of Champa Nala Babu Tola, P.S. - Nathnagar, District - Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 236 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 11.190 liters of illegal foreign liquor from two bags.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was apprehended on spot. Petitioner has no concern with the alleged recovery of liquor. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case by the police. The provision of Section 100 of the Cr.P.C. has not been followed in this case.

Patna High Court CR. MISC. No.26386 of 2024(2) dt.05-04-2024 2/2 The petitioner is in custody since 12.03.2024 and has two criminal antecedents in which he is on bail.

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 as well as 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 Excise P.S. Case No. 236 of 2024.

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