Patna High CourtCR. MISC./76299/2024bail granted

Biru Singh @ Viru Kumar v. The State Of Bihar

2024-10-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76299 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- PARSA District- Saran ====================================================== Biru Singh @ Viru Kumar Son of Nagendra Singh Resident of village- Pure Chapra, PS- Parsa, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Parsa P.S. case No. 277 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 340 liters spirit was recovered from bush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The name of the petitioner has transpired on the basis of secret

Patna High Court CR. MISC. No.76299 of 2024(2) dt.24-10-2024 2/2 information received by the police. It is further submitted that recovery is made from bush which is open place accessible to one and all. The petitioner is in custody since 06.09.2024 and has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Parsa P.S. case No. 277 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T