Patna High CourtCR. MISC./48384/2024bail granted

Makkhan 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.48384 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== 1.

MAKKHAN SINGH SON OF UMAR SINGH @ AMAR SINGH RESIDENT OF VILLAGE - RAJENDA NAGAR, POLICE STATION - KADAMKUAN, DISTRICT- PATNA 2.

NAGENDRA RAM @ NAGENDRA RAVIDAS SON OF LATE NANHAT RAM RESIDENT OF VILLAGE - RAJENDA NAGAR, POLICE STATION - KADAMKUAN, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

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

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

2. The petitioners seek bail in connection with Sultanganj P.S. Case No. 217 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 105 litres of liquor has been recovered from three covered jute bags.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.48384 of 2024(2) dt.10-07-2024 2/2 possession of the petitioners rather the recovery has been made from roadside. The petitioners are rickshaw pullers and have got no concern with the alleged recovery of liquor. The petitioners are in custody since 07.06.2024 and have got no criminal antecedent. 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sultanganj P.S. Case No. 217 of 2024.

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