Patna High CourtCR. MISC./9404/2024bail granted

Dinesh Kumar @ Dinesh Yadav @ Nirahuwa v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9404 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Dinesh Kumar @ Dinesh Yadav @ Nirahuwa S/o Jawahar Yadav R/o Vill - Hembardaha, P.S. - Kuchaikote, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vishambharpur P.S. Case No. 206 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution story, in short, is that total 72 litres country-made liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery of liquor.

Patna High Court CR. MISC. No.9404 of 2024(2) dt.19-02-2024 2/2 Learned counsel further submitted that the vehicle in question does not belong to the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.10.2023 and has two criminal antecedents. 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 Vishambharpur P.S. Case No. 206 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T