Patna High CourtCR. MISC./21608/2024bail granted

Rakesh Kumar @ Rakesh Mahto v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21608 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Rakesh Kumar @ Rakesh Mahto S/o Aanandi Mahto R/o vill - Sakh Mohan ward no. 01, Karrakh Badiya, P.S. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, 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 Bibhutipur P.S. Case No. 338 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 96 liters liquor was recovered from grocery shop of the petitioner.

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 submitted that the grocery shop was run by the staff of the

Patna High Court CR. MISC. No.21608 of 2024(2) dt.19-03-2024 2/2 petitioner and the petitioner is only available in the shop in morning and evening shift. The petitioner is in custody since 09.01.2024 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 Bibhutipur P.S. Case No. 338 of 2023.

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