Patna High CourtCR. MISC./31565/2024bail granted

Anjani Kumar Giri v. The State Of Bihar

2024-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31565 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Anjani Kumar Giri S/o- Shankar Giri Village- Bajhiya Ps- Kotwa Op Bhopatpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwa (Bhopatpur O.P.) P.S. Case No. 33 of 2024 instituted for the offences punishable under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 872.064 litres of liquor was recovered from the house of the petitioner.

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

Patna High Court CR. MISC. No.31565 of 2024(2) dt.24-04-2024 2/2 possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family members of the petitioner also reside. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 06.02.2024 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, clean antecedent 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 Kotwa (Bhopatpur O.P.) P.S. Case No. 33 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T