Patna High CourtCR. MISC./57668/2024bail granted

Mithun Musahar v. The State Of Bihar

2024-08-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57668 of 2024 Arising Out of PS. Case No.-270 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Mithun Musahar S/o- Late Ramawtar Musahar Village- Mathiya Musahar Toli Ps- Bikramganj Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Riya Singh, Advocate Mr. Ashutosh Suman, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bikramganj P.S. Case 270/2024 dated 05.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 19.6 litres of illicit country-made liquor was recovered from the plastic bag.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The recovery is from an open place which

Patna High Court CR. MISC. No.57668 of 2024(2) dt.13-08-2024 2/2 is accessible to anyone. The petitioner has two criminal antecedents and he is on bail in both the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Bikramganj P.S. Case 270/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T