Patna High CourtCR. MISC./12590/2024bail granted

Kundan Kumar v. The State Of Bihar

2024-02-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12590 of 2024 Arising Out of PS. Case No.-505 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Kundan Kumar S/o Sikandar Yadav Resident of Village Kali Prasad Yadav Tola Madhubani P.S.- Madhubani OP, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jokihat P.S. Case No. 505 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 87.300 liters liquor was recovered from one tempo 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. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged

Patna High Court CR. MISC. No.12590 of 2024(2) dt.26-02-2024 2/2 recovery of liquor. It is further submitted that the petitioner is the driver of the said vehice and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 03.11.2023 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 Jokihat P.S. Case No. 505 of 2023.

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