Patna High CourtCR. MISC./14633/2024bail granted

Shakti Kumar v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14633 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Shakti Kumar S/O Vijay Kumar Singh Resident of Village- Jail Kona Kharagpur, P.S- Bahadurpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Baligaon P.S. Case No. 06 of 2024, instituted for the offences punishable under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 846.36 liters liquor was recovered from one pickup van and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is the driver of the seized vehicle and not the owner of that vehicle and the goods were not loaded in presence

Patna High Court CR. MISC. No.14633 of 2024(2) dt.23-02-2024 2/2 of the petitioner. No incriminating article has been recovered from the possession of the petitioner. The petitioner is in custody since 17.01.2024 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 Baligaon P.S. Case No. 06 of 2024.

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