Patna High CourtCR. MISC./4715/2024bail granted

Bhikubhai @ Bhikhubhai v. The State Of Bihar

2024-05-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4715 of 2024 Arising Out of PS. Case No.-582 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Bhikubhai @ Bhikhubhai S/O Saryug Prasad R/O Punpun Bajar, P.S.- Punpun Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Gaurichak P.S. Case No. 582 of 2023 instituted for the offences under Sections 30(a), 37 of the Bihar Prohibition and Excise Act, 21(a) of the N.D.P.S. Act and Section 147, 149, 323, 332, 333, 353, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the police has recovered 1125 ml English liquor and some other liquor and material from the possession of the petitioner while he was engaged in a party with his friends. It is further alleged that brown

Patna High Court CR. MISC. No.4715 of 2024(5) dt.06-05-2024 2/3 sugar (Smack) of 3.90 gram has also been recovered and seized from the co-accused Nikhil Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor or the contraband. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 12.10.2023 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.4715 of 2024(5) dt.06-05-2024 3/3 let the petitioner, abovenamed, 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 Gaurichak P.S. Case No. 582 of 2023.

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