Patna High CourtCR. MISC./7322/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7322 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- DHIBRA District- Aurangabad ====================================================== Raushan Kumar Son of Amresh Singh R/o vill - Dadelchak Vaghaura, P.S. - Madanpur, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhibra P.S. Case No. 88 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution story, in short, is that police intercepted the two persons including this petitioner boarded on two motorcycles. Altogether 99.720 litres illicit liquor was recovered from both the motorcycles. Total 50.76 liters of recovery of illicit liquor is attributed against this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.7322 of 2024(2) dt.13-02-2024 2/2 the petitioner. Petitioner has no concern with the alleged recovery of illicit liquor. Learned counsel further submitted that petitioner is not the owner of the vehicle from which the alleged recovery has been shown. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.12.2023 and has three criminal antecedents. There is no compliance of Section 100 of the 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 Dhibra P.S. Case No. 88 of 2023.

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