Ghutarna Rishideo Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ghutarna Rishideo Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted in connection with Naugachia P.S. Case No. 177 of 2023 on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions: one bailor to be own/close family member of the petitioner; appearance on each trial date, failing which the Trial Court may cancel the bail bonds on default of two consecutive dates.

Issue for consideration

Whether the petitioner should be released on bail in Naugachia P.S. Case No. 177 of 2023, instituted for offences punishable under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner.

Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below in connection with Naugachia P.S. Case No. 177 of 2023, subject to conditions: (i) one bailor shall be own/close member of the petitioner's family; (ii) petitioner to appear on every trial date, with liberty to the Trial Court to cancel the bail bonds on default of appearance on two consecutive dates.

Detailed headnote1 paragraphs

BAIL GRANTED - Patna High Court (Hon'ble Mr. Justice Rudra Prakash Mishra), oral order dated 06-03-2024 in Criminal Miscellaneous No.16606 of 2024, arising out of Naugachia P.S. Case No. 177 of 2023, District Bhagalpur, instituted under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act. Prosecution alleged that 22 liters of liquor was recovered from the petitioner's house. Counsel for the petitioner (Mr. Ranjan Kumar Jha) urged false implication, absence of conscious possession, that the petitioner was not apprehended on spot (his name disclosed by local persons), non-compliance of Section 100 of Cr.P.C., and noted custody since 26.06.2023 with nine criminal antecedents in seven of which the petitioner was already on bail. Learned APP (Mr. Rabindra Kumar) opposed the prayer. Considering the facts, circumstances and period of custody, the Court released the petitioner on bail on bonds of Rs. 10,000/- (two sureties of like amount), imposing conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, with liberty to the Trial Court to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16606 of 2024

Arising Out of PS. Case No.-177 Year-2023 Thana- NAUGACHIA District- Bhagalpur

======================================================

Ghutarna Rishideo son of Bhagwat Rishideo Village- Nonia patti Naugachia PS- Naugachia Dist- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

... ... Opposite Party/s

ORAL ORDER

2 06-03-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in Naugachia P.S. Case No. 177 of 2023, instituted for the offences punishable under Sections 30(a), 32(ii) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that, 22 liters liquor was recovered from house of the petitioner.

Learned counsel for the petitioner submits that the petitioner 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 further submitted that the petitioner was not apprehended on spot and local persons disclosed the name of the petitioner. The petitioner is in custody

Patna High Court CR. MISC. No.16606 of 2024(2) dt.06-03-2024 2/2

since 26.06.2023 and has got nine criminal antecedents in which the petitioner is on bail in seven cases. There is no compliance of Section 100 of Cr.P.C.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naugachia P.S. Case No. 177 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Rajorshi/-

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