Rupesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86575 of 2024 Arising Out of PS. Case No.-620 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Rupesh Kumar Sah Son of Dileep Sah Resident of Village- Kavilashi Virpur, Ward No. 11, P.O.- Khalaspur, P.S.- Simra, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Purnea Sadar P.S. Case No. 620 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 total 65.500 litres of liquor has been recovered from the godown.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the alleged recovery has been made from the godown and
Patna High Court CR. MISC. No.86575 of 2024(2) dt.11-12-2024 2/2 the petitioner has no concern with the said place of recovery. The petitioner is in custody since 19.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The co-accused person has already been granted bail by this Court vide order dated 12.11.2024 passed in Cr. Misc. No. 79258 of 2024.
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, clean antecedent as also 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purnea Sadar P.S. Case No. 620 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T