Patna High CourtCR. MISC./11137/2024bail granted

Durgesh Kumar v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11137 of 2024 Arising Out of PS. Case No.-846 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Durgesh Kumar S/O Ganour Yadav R/O Village-Ranna, P.S.-Sadar O.P., District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar (Sonki O.P.) P.S. Case No. 846 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered altogether 25.500 liter English wine from the motorcycle bearing Registration No. BR-07AU-7130.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.11137 of 2024(2) dt.22-02-2024 2/3 the present case. He further submits that the alleged motorcycle was taken into custody from the house of the petitioner which belongs to his brother-in-law. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was arrested when he was sleeping in his own house and thus has no connection with the alleged occurrence. The petitioner has no concern with the seized liquor. The petitioner has four criminal antecedents as has been stated in paragraph no.3 of the present bail application but, in all, he is on bail. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 13.12.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.11137 of 2024(2) dt.22-02-2024 3/3 satisfaction of Court below/concerned Court in connection with Sadar (Sonki O.P.) P.S. Case No. 846 of 2023. (Rudra Prakash Mishra, J) rishi/- U T