Patna High CourtCR. MISC./32425/2024bail granted

Bitu Sahani @ Bittu Sahani v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32425 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bitu Sahani @ Bittu Sahani Son of Ramjee Sahani Resident of village - Katahan (Kataha) Loknathpur, P.S. - Muffasil, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Meena 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 Mufassil (Lakhaura) P.S. Case No. 99 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on information a raid was conducted in the house of the petitioner. The petitioner was arrested and on his disclosure 39 liters nepali liquor was recovered from the said house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the

Patna High Court CR. MISC. No.32425 of 2024(2) dt.30-04-2024 2/2 conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Antecedent of the petitioner is clean. The petitioner is in custody since 25.02.2024. 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, clean antecedent of the petitioner 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 Mufassil (Lakhaura) P.S. Case No. 99 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U