Patna High CourtCR. MISC./37355/2024bail granted

Birendra Mallah @ Virendra Mallah v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37355 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Birendra Mallah @ Virendra Mallah son of Jhulan Mallah Village- Narbatpur Ps- Buxar Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma, Advocate For the Opposite Party/s :

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

2. The petitioner seeks bail in Buxar Excise P.S. case No. 150 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 83.6 liters liquor was recovered from a 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

Patna High Court CR. MISC. No.37355 of 2024(2) dt.16-05-2024 2/2 further submitted that the name of the petitioner has transpired as his hut was situated besides the river. The petitioner is in custody since 16.04.2024 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 Buxar Excise P.S. case No. 150 of 2024.

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