Patna High CourtCR. MISC./29480/2024bail granted

Sajan Singh @ Sarad @ Sarad Kumar @ Sanjan Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29480 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sajan Singh @ Sarad @ Sarad Kumar @ Sanjan Kumar S/o Raghubir Singh R/o vill - Asni, P.S. - Udwant Nagar, Distt - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary changes in paragraph no. 13 of the present bail application during course of the day.

3. The petitioner seeks bail in Udwant Nagar P.S. Case No. 46 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that, 225 liters liquor was recovered from bag which was kept under puwal.

5. 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

Patna High Court CR. MISC. No.29480 of 2024(2) dt.20-04-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that name of the petitioner has transpired on the basis of secret information which was received by the police. The petitioner is in custody since 17.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. 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 Udwant Nagar P.S. Case No. 46 of 2024.

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