Patna High CourtCR. MISC./8320/2024bail granted

Arun 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.8320 of 2024 Arising Out of PS. Case No.-781 Year-2023 Thana- Excise P.S. District- Gopalganj ====================================================== ARUN KUMAR S/o Amar Manjhi Village-Brindaban, P.S.-Thawe, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Gulnar Begum, 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 Excise P.S. case No. 781 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 567 liters country made liquor was recovered from Scorpio vehicle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. No incriminating material has been recovered from the conscious possession of the petitioner. The vehicle in question does not belong to the petitioner. The petitioner is in custody

Patna High Court CR. MISC. No.8320 of 2024(2) dt.17-02-2024 2/2 since 03.08.2023 and has got no criminal antecedent. 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, the period of custody undergone by the petitioner and the petitioner having clean antecedent, 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 Excise P.S. case No. 781 of 2023.

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