Jacky @ Jocky @ Jakki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37908 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Jacky @ Jocky @ Jakki Son Of Md. Latif Resident Of Village - Bishauli, P.S. - Bishauli, District- Badaun (U.P) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in Sadar Excise P.S. Case No. 69 of 2024, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 191.250 liters liquor was recovered from car 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
Patna High Court CR. MISC. No.37908 of 2024(2) dt.17-05-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor driver of the car in question. The petitioner is in custody since 15.03.2024 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 Sadar Excise P.S. Case No. 69 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T