Patna High CourtCR. MISC./14127/2024bail granted

Anand Kumar Keshri v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14127 of 2024 Arising Out of PS. Case No.-1897 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Anand Kumar Keshri S/O Om Prasad @ Prakash Keshri @ @ Om Prakash Keshri R/O Gulzarbagh, Mirchaiya Tola, P.S- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, 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 Excise Patna P.S. Case No. 1897 of 2023, instituted for the offences punishable under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 56.400 liters liquor was recovered from the house of the petitioner and the petitioner was also 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. The petitioner is in custody

Patna High Court CR. MISC. No.14127 of 2024(2) dt.01-03-2024 2/2 since 21.12.2023 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 Excise Patna P.S. Case No. 1897 of 2023.

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