Patna High CourtCR. MISC./47928/2024bail granted

Lagan 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.47928 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- CHAORI District- Bhojpur ====================================================== Lagan Singh son of Late Ayodhya Singh Village- Degodihari Ps- Charpokhari Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, 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 Chauri P.S. Case No. 34 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 200 liters liquor was recovered from the bank of Banas river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this 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 further submitted that

Patna High Court CR. MISC. No.47928 of 2024(2) dt.10-07-2024 2/2 the alleged place of recovery is an open place which is easily accessible to public at large. The petitioner was not arrested on spot. Name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner is in custody since 20.05.2024 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 with Chauri P.S. Case No. 34 of 2024.

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