Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86771 of 2024 Arising Out of PS. Case No.-339 Year-2017 Thana- MALSALAMI District- Patna ====================================================== Arvind Rai Son of Gorakh Rai @ Rajendra Rai @ Rajendra Prasad @ Rajendra Ray Resident of Patthar Ghat, Malsalami, PS -Malsalami, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Malsalami PS Case No. 339 of 2017 instituted for the offences under Sections 272, 273 of I.P.C and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 60 litres of country made liquor was recovered from a bag behind the house of co-accused.

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.86771 of 2024(2) dt.19-12-2024 2/2 that local people disclosed the name of the petitioner. It is further submitted that recovery is made from an open place which is accessible to one and all. The petitioner is in custody since 27.10.2024 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami PS Case No. 339 of 2017.

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