Patna High CourtCR. MISC./59296/2024bail granted

Baharan Rai v. The State Of Bihar

2024-08-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59296 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Baharan Rai Son of Krishna Rai Resident of Village -Chakiya, P.S. - Doriganj, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumar Singh, Adv For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2024 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 Doriganj P.S. Case No. 77 of 2024 dated 30.03.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 5 litres of illicit country made liquor was recovered behind the gumti of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The recovery has been made from an open place

Patna High Court CR. MISC. No.59296 of 2024(2) dt.19-08-2024 2/2 which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Saran at Chapra, in connection with Doriganj P.S. Case No. 77 of 2024.

7. The application stands allowed.

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