Patna High CourtCR. MISC./81755/2024bail granted

Rajesh Sahani v. The State Of Bihar

2024-12-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81755 of 2024 Arising Out of PS. Case No.-1046 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Rajesh Sahani Son of Rajendra Sahani Resident of village- Ramdas Manjhauli, P.S.- Bochaha, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise Police Station case No. 1046 of 2024 instituted for the offences under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 491.4 liters liquor was recovered from Bolero pick-up van.

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. It is

Patna High Court CR. MISC. No.81755 of 2024(2) dt.02-12-2024 2/2 further submitted that the petitioner is driver of the van in question. He has no knowledge regarding nature of goods laden in the vehicle. The petitioner is in custody since 07.10.2024 and has got no criminal antecedent. 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 Excise Police Station case No. 1046 of 2024.

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