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Patna High CourtCR. MISC./86904/2024bail granted

Santosh Choudhary v. The State Of Bihar

2024-12-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86904 of 2024 Arising Out of PS. Case No.-773 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Santosh Choudhary Son of Naresh Choudhary Resident of Mohalla - Roja (Rauja), P.S. - Ara Nagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ankita Kumari, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, 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 Ara Town PS Case No. 773 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 48 litres of country made liquor and 11.700 litres of English wine was recovered from Sack.

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 transpires that petitioner is named in the F.I.R. and petitioner arrested on the

Patna High Court CR. MISC. No.86904 of 2024(2) dt.19-12-2024 2/2 spot. The petitioner is in custody since 24.11.2024 and has got no criminal 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 Ara Town PS Case No. 773 of 2024.

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