Patna High CourtCR. MISC./32039/2024bail granted

Rameshwar Sahani @ Rameshwar Chaudhary v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32039 of 2024 Arising Out of PS. Case No.-763 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Rameshwar Sahani @ Rameshwar chaudhary Son Of Late Mishrilal Sahani Resident of village- Nagdaha, P.S.- Banjaria, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Turkauliya (B) P.S. Case No. 763 of 2023, instituted for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 20 liters liquor was recovered from near river side.

4. 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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.32039 of 2024(2) dt.29-04-2024 2/2 submitted that the alleged recovery has been made from an open place which does not belong to the petitioner and easily accessible to everyone. Name of the petitioner has transpired on the basis of disclosure made by local people. The petitioner is in custody since 11.03.2024 and has got one 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 Turkauliya (B) P.S. Case No. 763 of 2023.

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