Patna High CourtCR. MISC./85569/2024bail granted

Govind Kumar Ram v. The State Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85569 of 2024 Arising Out of PS. Case No.-584 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== Govind Kumar Ram S/O Shri Theethar Ram Resident of Village-Adalpur ward No-1, P.O-Kusheshwar Asthan Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner seeks bail in connection with Utpad Sadar P.S. Case No. 584 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 633.660 liters liquor was recovered from the courtyard of the petitioner and the petitioner was apprehended 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.85569 of 2024(2) dt.16-12-2024 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that house of the petitioner being in dilapidated condition has been abandoned by the petitioner. The petitioner does not reside in the said house from where the illicit liquor has been recovered. The petitioner is in custody since 13.09.2024 and has got no criminal antecedent. 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 Utpad Sadar P.S. Case No. 584 of 2024.

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