Patna High CourtCR. MISC./26204/2024bail granted

Rajeev Kumar Singh v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26204 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== RAJEEV KUMAR SINGH S/O VIRENDRA SINGH R/O VILLAGEMASUMANGAL, P.S- BHAGWAN BAZAR, DISTT.- SARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Town P.S. Case No. 57 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 720 litres of liquor was recovered out of which 560 litres was recovered from the car of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further

Patna High Court CR. MISC. No.26204 of 2024(2) dt.05-04-2024 2/2 submitted that petitioner is only the driver of the vehicle in question and has no concern with the loaded articles/liquor. The petitioner is in custody since 06.02.2024 and has one criminal antecedent. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town P.S. Case No. 57 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T