Patna High CourtCR. MISC./43864/2024bail granted

Sukai Ram @ Sukhdev Ram v. The State Of Bihar

2024-06-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43864 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Sukai Ram @ Sukhdev Ram S/O Dhoda Ram R/O Village Jailmurarpur, P.S. Harsidhi, Distt-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and Mr. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in Harsidhi P.S. case No. 516 of 2023 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 100 liters liquor was recovered from five plastic sack from the field.

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.43864 of 2024(2) dt.25-06-2024 2/2 further submitted that the name of the petitioner has transpired on the basis of disclosure made by local chowkidar only on the basis of his antecedents. The petitioner is in custody since 12.04.2024 and has two criminal antecedents. 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 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 Harsidhi P.S. case No. 516 of 2023.

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