Patna High CourtCR. MISC./4739/2024bail granted

Punil Sah v. The State Of Bihar

2024-02-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4739 of 2024 Arising Out of PS. Case No.-786 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Punil Sah S/O Chhabila Sah Village- Block Road Jamuniya, Ps. Sikarpur, Dist. West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shikarpur P.S. case No. 786 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that total 100 litres of country-made liquor was recovered from the TVS Raider Motor Cycle.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.10.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Learned counsel for the petitioner further submitted

Patna High Court CR. MISC. No.4739 of 2024(2) dt.02-02-2024 2/2 petitioner is neither owner nor driver of the alleged vehicle. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery.

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, clean criminal antecedent of the petitioner 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 Shikarpur P.S. case No. 786 of 2023.

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