Patna High CourtCR. MISC./43704/2024bail granted

Devendra Ram @ Mala v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43704 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- CHENARI District- Rohtas ====================================================== Devendra Ram @ Mala Son Of Mudrika Ram Resident Of Vill- Basdiha, P.S.- Dasdiha, District- Rohtas, Sasaram.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chenari P.S. case No. 139 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 1226.8 liters liquor was recovered from tractor and the petitioner was arrested 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.43704 of 2024(2) dt.25-06-2024 2/2 further submitted that the tractor in question does not belong to the petitioner. The petitioner is said to be driver of the tractor and he has no knowledge regarding nature of goods kept in the vehicle. The petitioner is in custody since 29.04.2024 and has got one criminal antecedent in which he is on bail. 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 Chenari P.S. case No. 139 of 2024.

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