Patna High CourtCR. MISC./15974/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15974 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Mantu Kumar Son of Late Munna Patel Resident of vill.-Nauranga, P.S.- Bettiah Town, Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhanaha P.S. Case No. 230 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered total 389 liter illegal English liquor from the white colour Pick-up-Van bearing Regd. No. BR-05G-9887.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.15974 of 2024(2) dt.06-03-2024 2/3 present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor or the vehicle. The petitioner is the driver of the vehicle. The petitioner was not aware of the contents of the material loaded in the alleged vehicle. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 17.11.2023. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.15974 of 2024(2) dt.06-03-2024 3/3 of Court below/concerned Court in connection with Dhanaha P.S. Case No. 230 of 2023.

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