Bhola Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32665 of 2024 Arising Out of PS. Case No.-438 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Bhola Sahani Son Of Ramchandra Sahani Village- Khubra Pakariya, P.S.- Harsidhi, Dist- East Champaran,Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Harsidhi PS Case No. 438 of 2023 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a)(b)(c), 32, 34, 36, 41(1) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 30 liters liquor was recovered from plastic gallon.
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
Patna High Court CR. MISC. No.32665 of 2024(2) dt.26-04-2024 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 27-02-2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Charge sheet has already been submitted in this case.
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 Harsidhi PS Case No. 438 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T