Patna High CourtCR. MISC./30941/2024bail granted

Harkesh Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30941 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Harkesh Singh S/o Late Bhola Singh R/o vill - Machhagar Jagdish, P.O. and P.s. - Hathua, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmveer Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== 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 Hathua P.S. Case No. 35 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 78.400 liters of illegal liquor was recovered from a Hut.

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 and the place of occurrence does not belong to him. Learned counsel further submitted that petitioner has no concern with the wine in question. The petitioner is in

Patna High Court CR. MISC. No.30941 of 2024(2) dt.23-04-2024 2/2 custody since 29.02.2024 and has one 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 Hathua P.S. Case No. 35 of 2024.

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