Patna High CourtCR. MISC./30767/2024bail granted

Govind Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30767 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- Excise P.S. District- Sheohar ====================================================== Govind Kumar Son of Harichandra Sah R/o village - Harkarwa, Ward No.- 8, P.S. - Piprahi, Dist.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and Mr. Chaubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 55 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 48 liters of illegal liquor has been recovered from the gate of the petitioner's house.

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. The recovery has been made from the gate of the petitioner's house, which is an open place and

Patna High Court CR. MISC. No.30767 of 2024(2) dt.23-04-2024 2/2 accessible to public at large. He has no concern with the alleged recovery. The petitioner is in custody since 09.03.2024 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. 55 of 2024.

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