Patna High CourtCR. MISC./39848/2024bail granted

Hira Lal Bind @ Hiralal Bind v. The State Of Bihar

2024-07-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39848 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Hira Lal Bind @ Hiralal Bind Son of Late Sudama Bind R/O MohallaDalelganj, P.S.- Sasaram, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuber Pathak, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-07-2024 Heard Mr. Kuber Pathak, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Sasaram (T) P.S. Case No. 280 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 75 litres of country-made liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the motorcycle in question.

Patna High Court CR. MISC. No.39848 of 2024(3) dt.26-07-2024 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 15.03.2024 and has one criminal antecedent. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram (T) P.S. Case No. 280 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T