Patna High CourtCR. MISC./17141/2024bail granted

Laxhman Kumar v. The State Of Bihar

2024-03-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17141 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Laxhman Kumar Son of Kamlesh Yadav Resident of Islampur, P.S.- Islampur, Dist.- Nalanda, At present Address - Do Pulwal, P.S.- Jakkanpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Patna Excise P.S. Case No. 40 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 148.02 liters liquor was recovered from bags out of which 130.170 liters liquor was recovered from the bag of the petitioner. 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 material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.17141 of 2024(2) dt.07-03-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 10.01.2024 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 Patna Excise P.S. Case No. 40 of 2024.

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