Patna High CourtCR. MISC./23001/2024bail granted

Ashish Kumar v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23001 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Ashish Kumar S/o Manoj Yadav Resident of Village- Araria Ward No. 09, P.S.- Parbata, District- Khagariya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Araria Excise Circle P.S. case No. 39 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 108 liters liquor was recovered from the Bolero vehicle.

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 petitioner is said to be driver of the

Patna High Court CR. MISC. No.23001 of 2024(2) dt.22-03-2024 2/2 vehicle in question. The petitioner has no knowledge regarding the goods kept in the vehicle. The petitioner is in custody since 03.02.2024 and has got one 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 Court in connection with Araria Excise Circle P.S. case No. 39 of 2024.

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