Patna High CourtCR. MISC./6874/2024bail granted

Ashok Kumar @ Gandhi v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6874 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- CHENARI District- Rohtas ====================================================== Ashok Kumar @ Gandhi S/O Rajendra Singh @ Rajendra Narayan Singh R/O Village- Karma, P.S- Jamhor, Distt.- Aurangabad (BIHAR). ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, 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 Chanari P.S. case No. 381 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 468/468 of the Indian Penal Code.

3. The prosecution case, in short, is that total 833.8 liters liquor is recovered from the truck in question.

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. The petitioner is said to be driver of Scorpio vehicle. The petitioner has got no concerned with the alleged recovery of liquor. The petitioner is

Patna High Court CR. MISC. No.6874 of 2024(2) dt.13-02-2024 2/2 in custody since 18.11.2023 and has got three criminal antecedents. 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 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 Chenari P.S. case No. 381 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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