Patna High CourtCR. MISC./37171/2024bail granted

Vijay Mahto @ Vijay Kumar Singh v. The State Of Bihar

2024-05-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37171 of 2024 Arising Out of PS. Case No.-292 Year-2021 Thana- Excise P.S. District- Samastipur ====================================================== Vijay Mahto @ Vijay Kumar Singh Son Of Late Ram Gulam Mahto Resident Of Village - Hajpurwa, P.S. - Warisnagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 292 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 96.375 liters liquor was recovered from bush behind the house of the petitioner.

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.37171 of 2024(2) dt.15-05-2024 2/2 submitted that the alleged recovery has been made behind the house of the petitioner which is an open place and easily accessible to everyone. The petitioner is in custody since 07.04.2024 and has 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 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 Excise P.S. Case No. 292 of 2021.

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