Patna High CourtCR. MISC./33961/2024bail granted

Jitesh Paswan v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33961 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Jitesh Paswan S/O Radhe Paswan Resident of village Sabalpur, Diyar, Bangali tola, P.S.- Sonpur, Dist- Saran Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chowk P.S. Case No. 101 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, 540 liters liquor was recovered from boat and the petitioner was apprehended on spot.

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 no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.33961 of 2024(2) dt.07-05-2024 2/2 submitted that the petitioner was carrying sand and he has no knowledge regarding the goods loaded in his boat. The petitioner is in custody since 29.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chowk P.S. Case No. 101 of 2024.

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