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Patna High CourtCR. MISC./46705/2024bail granted

Bigu Pal v. The State Of Bihar

2024-07-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46705 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- DURAULI District- Siwan ====================================================== Bigu Pal Son of Mohar Pal R/O Vill.- Sikarhata, P.S.- Bankata, Dist.- Deoria, U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections-30(a) & 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that 63 litres wine is recovered.

4. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-04-2024. It is alleged that 63 litres wine is recovered from the door of coaccused Gabbar Yadav. Nothing incriminating has been

Patna High Court CR. MISC. No.46705 of 2024(2) dt.09-07-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, specially the fact that the petitioner has got no criminal antecedent, let the petitioner, above named, 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 the learned Exclusive Special Excise Court No.-1, Siwan in connection with Darauli P.S. Case No. 110 of 2024 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T