Patna High CourtCR. MISC./32292/2024bail granted

Ritesh Paswan @ Ritesh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32292 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Ritesh Paswan @ Ritesh Kumar Son of Upendra Paswan RESIDENT OF VILLAGE- NARAHI, P.S.-DINARA , DIST- BALIA (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, 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 Sahpur P.S. Case no. 98 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 a total 1416. 96 liters liquor was recovered from a pick up vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is driver of the vehicle and had no knowledge regarding the goods loaded in the vehicle. Chargesheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.32292 of 2024(2) dt.30-04-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 17.03.2024 and has got no criminal antecedent. 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 Sahpur P.S. Case No. 98 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U