Patna High CourtCR. MISC./22297/2024bail granted

Manish Kumar v. The State Of Bihar

2024-03-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22297 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Manish Kumar Son of Ram Pravesh Mahto Resident of vill.-Paanr, P.S.- Dalsinghsarai, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Patory Excise P.S. Case No. 17 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, 51.840 liters liquor was recovered from tempo and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and 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 with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.22297 of 2024(2) dt.21-03-2024 2/2 submitted that the petitioner is neither driver nor owner of the seized vehicle, rather the vehicle was parked in an open place outside the house of the petitioner. The petitioner is in custody since 04.02.2024 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 Patory Excise P.S. Case No. 17 of 2024.

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