Patna High CourtCR. MISC./71076/2024bail granted

Nageshwar Ram v. The State Of Bihar

2024-10-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71076 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Nageshwar Ram Son of Bindeshwar Ram Resident of Village - Chhitahi, P.S. - Andhramath, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 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 Andharamath P.S. Case No. 112/2024, corresponding to G.R. No. 479/2024 dated 28.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 272 and 273 read with Section 34 of the IPC.

3. As per the prosecution case, total 141 litres of illicit Nepali country-made liquor was recovered from the four sacks near Ghordah river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.71076 of 2024(2) dt.01-10-2024 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is from an open place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.08.2024.

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, Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No. 112/2024, corresponding to G.R. No. 479/2024.

7. The application stands allowed.

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