Patna High CourtCR. MISC./36889/2024bail granted

Munna Singh v. The State Of Bihar

2024-05-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36889 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Munna Singh Son of Late Rega Singh @ Renga Singh Resident of VillageAthar, P.S- Basudeva (O.P0, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Dimpal Kumari, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nawanagar (Basudeva O.P.) P.S. Case No. 84 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, 97 liters liquor was recovered from motorcycle.

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.36889 of 2024(2) dt.14-05-2024 2/2 submitted that the petitioner was not arrested on spot and the seized motorcycle in question does not belong to the petitioner. Name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner is in custody since 16.03.2024 and has got one criminal antecedent in which the petitioner is on bail. 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 Nawanagar (Basudeva O.P.) P.S. Case No. 84 of 2024.

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