Sugriv Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82227 of 2023 Arising Out of PS. Case No.-549 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== SUGRIV BIND SON OF GHURA BIND R/O VILLAGE- GARERIYA, P.S.- DOKATI, DIST.- BALIYAN (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Barahara (Sinha O.P.) P.S. Case No.549 of 2023 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 38.700 litre of illicit liquor and a riffle along with one live cartridges from possession of the petitioner.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor as well as incriminating article was not

Patna High Court CR. MISC. No.82227 of 2023(4) dt.26-02-2024 2/2 made from conscious physical possession of the petitioner. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 14.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the allegation as made and as there is no proper explanation on behalf of the petitioner as regard to recovery of illicit liquor as well as firearms, which were made from the possession of the petitioner, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

However, petitioner shall be at liberty to renew his prayer for bail before trial court after examination of two witnesses.

(Ramesh Chand Malviya, J) S.Katyayan/- U T