Patna High CourtCR. MISC./32385/2024bail granted

Shambhu Saday v. The State Of Bihar

2024-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32385 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Shambhu Saday S/o Triloki Saday R/o Village - Adalpur, PS Lakhanaur RS OP District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 783 of 2023 arising out of Lakhanaur P.S. Case No. 236 of 2023 instituted for the offences under Sections 272, 273 and 34 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 396 liters of liquor was recovered from a ditch near the road.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Recovery has not been made from the premises of the petitioner. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.32385 of 2024(2) dt.30-04-2024 2/2 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. The petitioner is in custody since 02.04.2024 and has got antecedent of one another criminal case. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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 G.R. No. 783 of 2023 arising out of Lakhanaur P.S. Case No. 236 of 2023. (Rudra Prakash Mishra, J) Prakash/- U