Patna High CourtCR. MISC./86942/2024bail granted

Sunil Thakur v. The State Of Bihar

2024-12-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86942 of 2024 Arising Out of PS. Case No.-507 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sunil Thakur S/O Genalal Thakur R/o Vill - Sonbarsa, P.S .- Harsidhi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 507 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 20 liters of country made liquor from the possession of accused persons including the petitioner. It is alleged that from the possession of the petitioner, 5 liters of country made liquor was recovered.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.86942 of 2024(2) dt.16-12-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the petitioner has no concern either with the alleged recovered liquor or the accused persons. In course of investigation, nothing substantive or cogent evidence has come against the petitioner. 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 no criminal antecedent and is languishing in judicial custody since 30.09.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Ashok Chaudhary has already been granted bail by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 82490 of 2024.

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

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case

Patna High Court CR. MISC. No.86942 of 2024(2) dt.16-12-2024 3/3 as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, 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 Harsidhi P.S. Case No. 507 of 2024.

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