Patna High CourtCR. MISC./63363/2024bail granted

Banmali Tripathi v. The State Of Bihar

2024-09-11Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63363 of 2024 Arising Out of PS. Case No.-442 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Banmali Tripathi Son of Babalu Tripathi Resident of Village - Titauli (Tilouli), P.S. - Salempur, District - Deoria (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Siwan Excise P.S. Case No. 442 of 2024 registered under Sections-30(a) & 32 (3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The prosecution case, in short, is that 190.080 litres of illicit liquor was recovered from the Bolero and the petitioner was arrested from that Bolero.

4. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no

Patna High Court CR. MISC. No.63363 of 2024(2) dt.11-09-2024 2/2 knowledge regarding the alleged incident. The petitioner is in custody since 24-07-2024.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, specially the fact that the petitioner has got no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Excise Court No.-2, Siwan in connection with Siwan Excise P.S. Case No. 442 of 2024 subject to the condition that he petitioner shall cooperate with the trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T