Naresh @ Chandrashekhar Kumar @ Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83453 of 2024 Arising Out of PS. Case No.-265 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Naresh @ Chandrashekhar Kumar @ Naresh Kumar S/o Ramashrey Sahani @ Rameshwar Sahani @ Ramashray Sahani R/o Village- Chichurahiya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Banjariya PS Case No. 265 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 20 litres of counry made liquor was recovered from white plastic sac. 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 that the plastic sac does not belong to the petitioner. The petitioner is in custody since 27.09.2024 and has got no criminal

Patna High Court CR. MISC. No.83453 of 2024(2) dt.05-12-2024 2/2 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 Banjariya PS Case No. 265 of 2024.

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