Shambhu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35333 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Shambhu Giri Son of Harichandra Giri Resident of Village- Bhataha Laxmipur, P.S- Sugauli, Dist- East Champaran 2.

Shubham Giri Son of Krishna Giri @ Late Krishna Giri Resident of VillageBhataha Laxmipur, P.S- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, 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 connection with Turkauliya PS Case No. 181 of 2024 instituted for the offences under Sections 272, 273 & 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 59 liters liquor was recovered from motorcycle.

4.

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

Patna High Court CR. MISC. No.35333 of 2024(2) dt.08-05-2024 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioners have no concern with the motorcycle in question. The petitioners are in custody since 24-03-2024 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 181 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T