Patna High CourtCR. MISC./47955/2024bail granted

Satyendra Bhuiya v. The State Of Bihar

2024-07-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47955 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Satyendra Bhuiya Son Of Parmeshwar Bhuiya Village- Noniadih, P.S.- Madanpur, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Madanpur P.S. Case No. 140 of 2024, instituted for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 74 liters liquor was recovered from Ajanba hill 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.47955 of 2024(2) dt.10-07-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery has been made from an open place which is easily accessible to public at large. The petitioner is in custody since 03.04.2024 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 Madanpur P.S. Case No. 140 of 2024.

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