Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20141 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Mithu Kumar S/o Ranjeet Kumar Singh Resident of Village-Tol, P.S.- Nabinagar, District-Aurangabad (Bihar).

2.

Kundan Kumar S/o Satyendra Singh Resident of Village-Tol, P.S.- Nabinagar, District-Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Nabinagar P.S. Case No. 22 of 2024, instituted for the offences punishable under Sections 279, 337, 338, 427, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 103.68 liters liquor was recovered from car and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. No incriminating material have been recovered from the conscious

Patna High Court CR. MISC. No.20141 of 2024(2) dt.18-03-2024 2/2 possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners are neither owner nor driver of that vehicle. The petitioners are in custody since 26.01.2024 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nabinagar P.S. Case No. 22 of 2024.

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