Patna High CourtCR. MISC./12667/2024bail granted

Sohit Kumar @ Pappu Rai v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12667 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Sohit Kumar @ Pappu Rai Son of Vinod Rai @ Ram Binod Ray Resident of Village- Chandchor Kalyan Tol, Police Station- Ujiyarpur, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Vidyapatinagar (Ghatho O.P.) P.S. Case No. 13 of 2023, instituted for the offences punishable under Sections 414, 420, 467, 468, 471 of the Indian Penal Code, and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 410 liters liquor and one mobile phone was recovered from car.

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

Patna High Court CR. MISC. No.12667 of 2024(2) dt.27-02-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor driver of the seized vehicle. The petitioner is only owner of the seized mobile phone. The petitioner is in custody since 18.12.2023 and has got one criminal antecedent in which the petitioner is on bail. 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 Vidyapatinagar (Ghatho O.P.) P.S. Case No. 13 of 2023.

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