Patna High CourtCR. MISC./33695/2024bail granted

Prabhakar Kumar Saday @ Prahalad v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33695 of 2024 Arising Out of PS. Case No.-320 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Prabhakar Kumar Saday @ Prahalad son of Raushan Saday Vill- Parsahi, PsKhutauna Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Laukahi P.S. Case No. 320 of 2023, instituted for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 241.800 liters liquor was recovered from bag which was being carried by the petitioner. The petitioner was apprehended on spot.

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

Patna High Court CR. MISC. No.33695 of 2024(2) dt.07-05-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the seized bag does not belong to the petitioner. The petitioner is in custody since 07.12.2023 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 Laukahi P.S. Case No. 320 of 2023.

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