Patna High CourtCR. MISC./52863/2024bail granted

Baijnath Ray @ Nanki @ Baidhnath Yadav v. The State Of Bihar

2024-07-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52863 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Baijnath Ray @ Nanki @ Baidhnath Yadav S/o Hitai Rai R/v - Jaganiya, p. s. - Gaighat, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Simri P.S. Case No. 278 of 2023, instituted for the offences punishable under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 879.03 liters liquor was recovered from five different vehicles and from the house of the petitioner.

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 knowledge and concern with the alleged recovery of liquor.

Patna High Court CR. MISC. No.52863 of 2024(2) dt.20-07-2024 2/2 Learned counsel for the petitioner further submitted that the petitioner was not arrested at the place of occurrence. Name of the petitioner has transpired on the basis of confessional statement of co-accused Amesh Kumar and the same has no evidentiary value. The petitioner is in custody since 30.04.2024 and has got two criminal antecedents in which the petitioner is on bail in one case. 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 withSimri P.S. Case No. 278 of 2023.

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