Patna High CourtCR. MISC./30970/2024bail granted

Shyam Lal Marandi v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30970 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- Excise P.S. District- Banka ====================================================== SHYAM LAL MARANDI SON OF JIPLAL MARANDI RESIDENT OF VILLAGE - JIVANPUR, P.S. - BANKA, DISTRICT - BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Malendu For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 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. 141 of 2024 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 100 liters of illegal liquor was recovered from forest and 495 Kg of fermented Mahua was destroyed during taking it out from the land.

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

Patna High Court CR. MISC. No.30970 of 2024(2) dt.23-04-2024 2/2 that petitioner has no concern with the alleged recovery and the place of occurrence does not belong to the petitioner. On the basis of suspicion, petitioner has been implicated in the present case. The petitioner is in custody since 22.03.2024 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 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 Excise P.S. Case No. 141 of 2024.

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