Patna High CourtCR. MISC./88119/2024bail granted

Rinku Gond v. The State Of Bihar

2025-01-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88119 of 2024 Arising Out of PS. Case No.-1016 Year-2024 Thana- EXCISE BAGHA District- West Champaran ====================================================== Rinku Gond S/O Dharam Gond R/O Village- Bagaha Chini Mill, Ward No.10, P.S- Pathkauli, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bagaha Excise P.S. Case No. 1016 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 7.06 litres of country-made liquor has been recovered from jute bag.

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 rather the recovery has been made from a jute bag which does not belong to the petitioner. The

Patna High Court CR. MISC. No.88119 of 2024(2) dt.08-01-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 12.11.2024 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bagaha Excise P.S. Case No. 1016 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T