Patna High CourtCR. MISC./14298/2024bail granted

Kundan Gupta v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14298 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- PARANDABAR District- Nawada ====================================================== Kundan Gupta S/o Dharmendra Gupta R/o Village - Dumrichatti, P.S. - Fatehpur, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Parnadabar P.S. Case No. 331 of 2023, instituted for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 375 liters liquor was recovered from car and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that

Patna High Court CR. MISC. No.14298 of 2024(2) dt.01-03-2024 2/2 petitioner is neither owner nor driver of the seized vehicle. The petitioner is in custody since 25.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parnadabar P.S. Case No. 331 of 2023.

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