Patna High CourtCR. MISC./83334/2024bail granted

Mohan Rai v. The State Of Bihar

2024-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83334 of 2024 Arising Out of PS. Case No.-236 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Mohan Rai S/o Late Biltu Rai @ Bittu Rai Resident of village- Mathiya Bariyarpur, PS- Piprakothi, District- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pipra Kothi P.S. case No. 236 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 12 liters liquor was recovered from plastic gallon.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village politics. 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 further submitted that recovery is made

Patna High Court CR. MISC. No.83334 of 2024(2) dt.04-12-2024 2/2 from a plastic gallon and that seems to be planted and concocted. The petitioner is in custody since 08.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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 Pipra Kothi P.S. case No. 236 of 2024.

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