Patna High CourtCR. MISC./11600/2024bail granted

Jokhan Kumar v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11600 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- CHENARI District- Rohtas ====================================================== Jokhan Kumar S/O Singhasan Singh R/O Vill - Chakia, PS - Dehri (M), Dist. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chenari P.S. Case No. 381 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered altogether 833.8 liters liquor from the Truck bearing Registration No. JH05AK5909.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor or the

Patna High Court CR. MISC. No.11600 of 2024(2) dt.23-02-2024 2/3 alleged vehicles. The petitioner is neither the driver nor the owner of the vehicle. The petitioner was just a co-passenger and a friend of the driver who was told by the driver of Scorpio car that they are going to Ranchi for some business purpose and will back after two days. The petitioner had also no idea about the illicit liquor trade and motive of the other persons and driver present in the Scorpio car. The petitioner has two criminal antecedents as has been stated in paragraph no.3 of the present bail application but, in both of them, 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 18.11.2023.

5. Learned counsel for the petitioner again submits that the co-accused persons namely Ashok Kumar @ Gandhi and Arjun Kumar Sharma have been granted bail by this Court vide orders dated 13.02.2024 and 15.02.2024 passed in Cr. Misc. Nos. 6874 of 2024 and 7697 of 2024 respectively.

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

7. 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

Patna High Court CR. MISC. No.11600 of 2024(2) dt.23-02-2024 3/3 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.

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