Patna High CourtCR. MISC./15573/2024bail granted

Raman Kumar @ Raman Kumar Yadav v. The State Of Bihar

2024-03-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15573 of 2024 Arising Out of PS. Case No.-275 Year-2021 Thana- KASBA District- Purnia ====================================================== Raman Kumar @ Raman Kumar Yadav son of Yogendra yadav villageNawada Ps- Madhepur Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kasba P.S. Case No. 275 of 2021, instituted for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 900 liters liquor was recovered from pick-up vehicle.

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.15573 of 2024(2) dt.05-03-2024 2/2 recovery of liquor. It is further submitted that the petitioner is not named in F.I.R and name of the petitioner transpired on the basis of a call made by driver of the seized vehicle to the petitioner. The petitioner has been remanded in this case on 08.01.2024 and has got one 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 Kasba P.S. Case No. 275 of 2021.

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