Patna High CourtCR. MISC./48522/2024bail granted

Jai Ram Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48522 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- DARIHAT District- Rohtas ====================================================== JAI RAM SINGH S/O RAM ADHAR SINGH R/O VILLAGE- NAND TOLA, HURKA, P.S- DARIHAT, DISTT.- ROHTAS (BIHAR). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Darihat P.S. Case No. 26 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 35 litres of liquor was recovered from petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that allegation against the petitioner is that he was apprehended with illicit liquor but, in fact, no any incriminating article has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.48522 of 2024(2) dt.10-07-2024 2/2 entire allegation levelled against the petitioner is baseless and concocted and there is no iota of evidence. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 19.03.2024 and has two criminal antecedents. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Darihat P.S. Case No. 26 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T