Patna High CourtCR. MISC./85530/2024bail granted

Pappu Bind v. The State Of Bihar

2024-12-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85530 of 2024 Arising Out of PS. Case No.-832 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Pappu Bind S/o Mahendra Bind R/o Village- Dabadiya, PS- Bhabua, DistrictKaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kaimur (Bhabhua) P.S. Case No. 832 of 2024, instituted for the offences punishable under Sections 30(a), 32(i), 32(iii), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 08 liters liquor was recovered from motorcycle and the petitioner was arrested on the spot.

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

Patna High Court CR. MISC. No.85530 of 2024(2) dt.16-12-2024 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioiner also submits that the petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 28.10.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kaimur (Bhabhua) P.S. Case No. 832 of 2024.

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