Patna High CourtCR. MISC./37929/2024bail granted

Dhananjay Thakur v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37929 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Dhananjay Thakur S/O Kameshwar Thakur Resident of village Rajpur PO Raghunathpur P.S. Bagengola District Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard Mr. Arvind Kumar Pradhan, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in Brahampur P.S. Case No. 186 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, 25.92 liters liquor was recovered from two motorcycles. 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.37929 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 not the owner of any of the motorcycles in question. The petitioner is in custody since 11.04.2024 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 Brahampur P.S. Case No. 186 of 2024.

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