Patna High CourtCR. MISC./15714/2024bail granted

Raju Kumar @ Raju Kumar Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15714 of 2024 Arising Out of PS. Case No.-911 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Raju Kumar @ Raju Kumar Singh Son of Umesh Kumar @ Umesh Singh Resident of Village- Dalpat Bishunpur, P.S.- Dhaka (Panchpakari), DistrictEast Champaran, at present Dhaka, Ward No. 6, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, 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 Muffasil P.S. Case No. 911 of 2023, instituted for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 224.100 liters liquor was recovered from two vehicles 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. Charge-sheet has been submitted in this case. No incriminating

Patna High Court CR. MISC. No.15714 of 2024(2) dt.05-03-2024 2/2 material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that petitioner is neither owner nor driver of any of the vehicles rather he is a labour. The petitioner is in custody since 28.12.2023 and has got two criminal antecedents 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 Muffasil P.S. Case No. 911 of 2023.

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