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Patna High CourtCR. MISC./54429/2024bail granted

Hari Singh v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54429 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Hari Singh Son Of Hridya Singh Resident Of Village - Dahibhatta, P.S. - Uchakagaon, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Yadav, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Uchkagaon P.S. Case No. 112 of 2024, registered under Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 513 liters liquor was recovered from a bush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. The place from where the recovery has been made

Patna High Court CR. MISC. No.54429 of 2024(2) dt.09-08-2024 2/2 does not belong to the petitioner. The petitioner has got no criminal antecedent. 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, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Uchkagaon P.S. Case No. 112 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T