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Patna High CourtCR. MISC./1994/2025bail granted

Natha Nut v. The State Of Bihar

2025-01-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1994 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- MALAHI District- East Champaran ====================================================== Natha Nut S/O Megh Nat @ Megha Nat R/O Village- Sirani Nat Tola,P.S - Malahi, District-East Champaran,Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Malahi PS Case No. 86 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 30 litres country made liquor was recovered out of which 15 litres was recovered from the bush behind the house of the petitioner. 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 no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one

Patna High Court CR. MISC. No.1994 of 2025(2) dt.22-01-2025 2/2 and all. The petitioner is in custody since 21.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malahi PS Case No. 86 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T