Patna High CourtCR. MISC./77162/2024bail granted

Jitendra Mourya v. The State Of Bihar

2024-10-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77162 of 2024 Arising Out of PS. Case No.-332 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Jitendra Mourya Son Of Shivpujan Singh @ Shivpujan Mourya R/O VillageMadurna, Post- Hata, P.S.- Chainpur, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chainpur P.S. Case No. 332 of 2024, instituted for the offences punishable under Sections 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 09 liters liquor was recovered from motorcycle.

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. Learned counsel

Patna High Court CR. MISC. No.77162 of 2024(2) dt.28-10-2024 2/2 for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired on the basis of confessional statement made by co-accused Singhsan Bind and the same has got no evidentiary value. It is further submitted that petitioner is not owner of the motorcycle in question. The petitioner is in custody since 11.09.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chainpur P.S. Case No. 332 of 2024.

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