Patna High CourtCR. MISC./35193/2024bail granted

Jitendra Ray v. The State Of Bihar

2024-05-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35193 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- DIGHWARA District- Saran ====================================================== 1.

Jitendra Ray Son of Late Mahgu Rai Resident of Village- Manupur, P.SDighwara, Dist- Saran 2.

Bhishm Ray @ Bhisham Ray @ Bhishan Ray @ Bhimsham rai Son of Late Mahgu Rai Resident of Village- Manupur, P.S- Dighwara, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Dighwara P.S. Case No. 92 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, 210 liters liquor was recovered from motorcycle and maize field. The petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.35193 of 2024(2) dt.08-05-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the maize field do not belong to the petitioners and the seized motorcycle belongs to the petitioner no. 2. The petitioners are in custody since 02.04.2024 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dighwara P.S. Case No. 92 of 2024.

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