Sikandra Hazari @ Sikindra Hazari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83506 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- Pachpakdi District- East Champaran ====================================================== Sikandra Hazari @ Sikindra Hazari Son of Late Santu Hazari @ Santu Hazara Resident of Village- Hirapatti, PS- Pachpakari, District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pachpakari PS Case No. 26 of 2024 instituted for the offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 10.500 litres of Nepali liquor was recovered from courtyard which was behind the house of the petitioner.

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 submitted

Patna High Court CR. MISC. No.83506 of 2024(2) dt.09-12-2024 2/2 that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 11.09.2024 and has got no 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, clean antecedent of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pachpakari PS Case No. 26 of 2024.

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