Patna High CourtCR. MISC./6628/2024bail granted

Ajay Kumar v. The State Of Bihar

2024-02-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6628 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Ajay Kumar Son of Naresh Mistry R/o Mohalla - Kachhi Dargah, P.S. - Nadi, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nadi P.S. case No. 386 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that at evening patrolling, on raid, 60 liters mahua liquor was recovered from the hut.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. No incriminating material has been

Patna High Court CR. MISC. No.6628 of 2024(2) dt.17-02-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner is in custody since 21.11.2023 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nadi P.S. case No. 386 of 2023.

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