Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8171 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Rajnish Kumar, Son Of Rajaram Purwe Resident Of Village- Babhangama, Ps- Barahat, Dist- Banka ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Kumar Choubey, Advocate.

Mr. Rakesh Kumar Ranjan, Advocate.

For the Opposite Party/s :

Mr. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Banka P.S. Case No. 293 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per the prosecution case, total 150 litres of illicit country made liquor was recovered from a motorcycle and a scooty.

4.

It has been submitted on behalf of the petitioner's counsel that the petitioner is in custody since 15.10.2023. Petitioner has no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.8171 of 2024(2) dt.16-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitoner. There is no compliance of Section 100 of Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

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 Banka P.S. Case No. 293 of 2023.

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