Patna High CourtCR. MISC./44405/2024bail granted

Pradeep Saw v. The State Of Bihar

2024-06-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44405 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== Pradeep Saw S/o Rohit Saw @ Rohit Sav R/o vill - Macchandra, P.S. - Kauwakaul, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sheikhpura Excise P.S. case No. 181 of 2024 instituted for the offences under Sections 30(a), 32, 41 and 56(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 80 liters liquor was recovered from the motorcycle 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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.44405 of 2024(2) dt.26-06-2024 2/2 further submitted that the petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 13.04.2024 and has got no criminal antecedent. 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 Sheikhpura Excise P.S. case No. 181 of 2024.

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