Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7117 of 2024 Arising Out of PS. Case No.-789 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Bittu Kumar S/O Dilip Patel @ Dilip Kumar @ Dilip Prasad R/O- Belbanwa, Station Road, Ps.- Motihari Town, Dist. East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, 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 Motihari Town P.S. Case No.789 of 2023 instituted for the offences under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act and Section 25(1-b)(a), 26, 35 of the Arms Act.
3. Prosecution story, in short, is that total 360 ml foreign liquor and 10 live cartridges were recovered from the Scorpio vehicle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the
Patna High Court CR. MISC. No.7117 of 2024(2) dt.13-02-2024 2/2 alleged recovery. Learned counsel further submitted that petitioner is neither the owner nor the driver of the said vehicle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2023 and has no criminal antecedent. 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 Motihari Town P.S. Case No.789 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T