Patna High CourtCR. MISC./14367/2024bail granted

Kanhaiya Paswan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14367 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Kanhaiya Paswan Son of Sakaldeep Paswan R/o Ushagram New Gusik Colony, Asansol, P.S.- South Asansol, District- Bardhman (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, 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 Barahiya P.S. Case No. 291 of 2023, instituted for the offences punishable under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 496.800 liters liquor was recovered from pick-up vehicle 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

Patna High Court CR. MISC. No.14367 of 2024(2) dt.01-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner is driver of the seized vehicle and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 14.12.2023 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 Barahiya P.S. Case No. 291 of 2023.

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