Sunil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18473 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sunil Son of Raj Singh Resident of Jaat Ward No 4, PS- Israna, Dist- Panipat, (Haryana) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Kuchaikote P.S. Case No. 598 of 2023, instituted for the offences punishable under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 391.620 liters liquor was recovered from car 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. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern
Patna High Court CR. MISC. No.18473 of 2024(2) dt.12-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner is driver of the seized vehicle and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 08.12.2023 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 Kuchaikote P.S. Case No. 598 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T