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2025 DAILYLAW 85510 (PAT)

Somnath v. The State of Bihar

CR. MISC./85942/2024 · 2025-01-24

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85942 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Somnath Son of Late Suresh Prasad Gupta @ Late Suresh Prasad Resident of Muhalla - Jamun Gali Sabjibagh, P.S. - Pirbahore, District - Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv. Ms. Pragati Singh, Adv. Mr. Mritunjay Kumar, Adv. For the Opposite Party/s : Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 24-01-2025 Heard Mr. Awadhesh Kumar Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a)(c)(d) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the prosecution case, 600 kg of intoxicant, 175 kg of manufactured and ready hemp, 250 kg of citric acid and huge quantity of raw materials, gas cylinders, machines, several pots which were used in manufacturing of intoxicant were recovered from the house of co-accused Ananya Kumari, where the petitioner was living on rent and involved in the illegal trade and business of intoxicant. Patna High Court CR. MISC. No.85942 of 2024(2) dt.24-01-2025 2/2 4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the seizure list has not been prepared in accordance with Section 100 Cr.P.C. He further submits that no intoxicants have been recovered from conscious possession of the petitioner. The petitioner is a student and he was living on rent in the house of co-accused Ananya Kumari. The petitioner has no criminal antecedent and has been languishing in custody since 12.11.2024. 5. Learned APP for the State opposed the bail petition. 6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gaurichak P.S. No.324 of 2024. anand/- (Anjani Kumar Sharan, J) U T