Patna High CourtCR. MISC./21193/2024bail granted

Amarjeet Ram @ Amarjeet Kumar v. The State Of Bihar

2024-03-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21193 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Amarjeet Ram @ Amarjeet Kumar S/O Satyanarayan Ram R/O Village- Parta Bigha, P.S- Amba, Distt.- Aurangabad (bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh, Adv For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amba P.S. Case No. 198 of 2023 dated 15.08.2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters of illicit country made liquor was recovered from sack which was loaded on the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and 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

Patna High Court CR. MISC. No.21193 of 2024(2) dt.19-03-2024 2/2 possession of the petitioner. The name of the petitioner has transpired in this case on the basis of the confessional statement of the apprehended person. The petitioner is not the owner of the seized vehicle but the same vehicle has been driven by him and he has no knowledge regarding the goods loaded in the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 25.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Aurangabad in connection with Amba P.S. Case No. 198 of 2023.

(Rudra Prakash Mishra, J) Jyoti/ Raj Kishore/- U T