Satya Prakash @ Satya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78780 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Satya Prakash @ Satya, aged about- 23 years, Gender-Male, S/o Shashi Bhushan Rai @ Sashi Bhushan Ray, Resident of Village-Alampur, Police Station-Nadi, and District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nadi P.S. Case No. 325 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act & Sections 25(1-B) (a), 26, 35 of the Arms Act. 3.

The prosecution case, in short, is that there is recovery of 69 litres IMFL and a regular rifle from the house of co-accused Chandan Kumar.

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 as well as arms.

Patna High Court CR. MISC. No.78780 of 2024(2) dt.11-11-2024 2/2 It is submittted that recovery is made from the house of the coaccused and the petitioner has no concern with the same. The petitioner is in custody since 06.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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 Nadi P.S. Case No. 325 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T