Patna High CourtCR. MISC./86587/2024bail granted

Keshiya Kuwar @ Kismati Kuwar v. The State Of Bihar

2024-12-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86587 of 2024 Arising Out of PS. Case No.-239 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Keshiya Kuwar @ Kismati Kuwar S/O Late Lal Babu Manjhi R/O VillageUsri Kala, P.S.- Isuapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Isuapur P.S. Case No. 239 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 05 litres of illicit country-made liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case at the instance of local Mukhiya due to dispute relating to election. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. As per seizure list, the alleged liquor was recovered near the house

Patna High Court CR. MISC. No.86587 of 2024(2) dt.18-12-2024 2/2 of the petitioner with which the petitioner has no concern. The petitioner has never been indulged in illegal trade of illegal liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and, in both of them, he is on bail and is languishing in judicial custody since 18.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Isuapur P.S. Case No. 239 of 2024.

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