Patna High CourtCR. MISC./37336/2024bail granted

Nawal Rai v. The State Of Bihar

2024-05-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37336 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Nawal Rai Son of Late Dina Nath Rai Resident of Village - Chhotka Pakahi, Police Station - Lakhaura, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Lakhaura P.S. case No. 14 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 78 liters liquor was recovered from a bush behind the house of the petitioner and the petitioner was arrested 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

Patna High Court CR. MISC. No.37336 of 2024(2) dt.16-05-2024 2/2 further submitted that recovery is made from back side of the house of the petitioner which is open space accessible to anyone. The petitioner is in custody since 31.03.2024 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 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 Lakhaura P.S. case No. 14 of 2024.

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