Somnath Jaiswal @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79258 of 2024 Arising Out of PS. Case No.-620 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Somnath Jaiswal @ Bhola S/o- Late Arjun Jaiswal Moh- Naya TolaDamka W.No-36,Ps-Sadar Dist- Purnea 2.

Vishal Kumar Jaiswal S/o- Late Arjun Jaiswal Moh- Naya TolaDamka W.No-36,Ps-Sadar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Purnea Sadar P.S. Case No. 620 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 total 65.500 litres of foreign liquor was recovered from the godown. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners has got no concern with the alleged recovery of liquor. It is submitted that the aforesaid liquor was recovered from a new

Patna High Court CR. MISC. No.79258 of 2024(2) dt.12-11-2024 2/2 constructed godown which is an open place and accessible to one and all. The petitioners is in custody since 19.10.2024 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 petitioners, this Court is inclined to grant bail to the petitioner.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purnea Sadar P.S. Case No. 620 of 2024.

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