Patna High CourtCR. MISC./62142/2024bail granted

Meghnath Prasad @ Bheem v. The State Of Bihar

2024-10-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62142 of 2024 Arising Out of PS. Case No.-298 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Meghnath Prasad @ Bheem Son of Late Jagdish Prasad Jaiswal Resident of village - Mahuawa, P.S.- Chiraiya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 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 Chiraiya P.S. Case No. 298 of 2024 dated 16.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and sections 25 (1B)A, 26 of the Arms Act.

3. As per the prosecution case, total 17.1 litres of illicit Nepali country made liquor was recovered behind the house of the petitioner and two loaded country made Kattas kept on the Chhajja of the petitioner's house were also recovered.

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.

Patna High Court CR. MISC. No.62142 of 2024(3) dt.07-10-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.07.2024.

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, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 298 of 2024, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

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