Patna High CourtCR. MISC./77884/2024bail granted

Shivanshu Rai v. The State Of Bihar

2024-12-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77884 of 2024 Arising Out of PS. Case No.-263 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Shivanshu Rai Son Kripashankar Rai R/O Vill- Tiyara, P.S.- Rajpur, DistrictBuxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Rajpur P.S. Case No. 263 of 2024 instituted for the offences under Sections 221, 223, 126(2), 115(2), 132, 121(1), 121(2), 109, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, the police has recovered total 25.74 liter illicit foreign liquor from the motorcycle bearing Regd. No. BR44T4039. The police has also recovered 24.045 illicit liquor from another motorcycle bearing Regd. No. BR44T1202.

Patna High Court CR. MISC. No.77884 of 2024(3) dt.06-12-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the seized motorcycle. The petitioner had no knowledge about the seized liquor being kept in the alleged motorcycle. The petitioner has no concern with the recovered liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 25.08.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Vivek Chauhan has been granted bail by this Court vide order dated 12.11.2024 passed in Cr. Misc. No. 79005 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner,

Patna High Court CR. MISC. No.77884 of 2024(3) dt.06-12-2024 3/3 let the petitioner, abovenamed, 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 Rajpur P.S. Case No. 263 of 2024.

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