Patna High CourtCR. MISC./28099/2024bail granted

Engine Mirdha v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28099 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- RAJAON District- Banka ====================================================== Engine Mirdha Son Of Horo Mirdha @ Hiro Mirdha Resident Of Village - Goradih, Police Station - Sarma, District - Deoghar (Jharkhand) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajaon P.S. Case No. 641 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 total 288 liters of illegal foreign liquor was recovered from a Scorpio Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is the driver of said recovered Scorpio vehicle and he has no knowledge about the recovered illicit foreign

Patna High Court CR. MISC. No.28099 of 2024(2) dt.10-04-2024 2/2 made liquor. The seized vehicle does not belong to the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 19.12.2023 and he 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 Rajaon P.S. Case No. 641 of 2023.

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