Patna High CourtCR. MISC./7017/2024bail granted

Santosh 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.7017 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Santosh Kumar SON OF Jitendra Paswan RESIDENT OF VILLAGEBADKA GAWAN, PS- AMBA, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rupa Kumari, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, 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 Kutumba P.S. case No. 247 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that while checking the vehicle, total 96.360 liters wine is recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. It is alleged that a total 96 liters wine has been recovered from the motorcycle in question and 360 ml wine has been recovered from the

Patna High Court CR. MISC. No.7017 of 2024(2) dt.13-02-2024 2/2 petitioner. The petitioner has got no concerned with the said motorcycle. The petitioner is in custody since 21.11.2023 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 no criminal 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 Kutumba P.S. case No. 247 of 2023.

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