Patna High CourtCR. MISC./22973/2024bail granted

Karan Kumar v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22973 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Karan Kumar S/O Baijnath Ray R/O Village- Shahbajpur, P.S- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, 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. Learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the application in course of the day.

2. The petitioner seeks bail in Gaighat P.S. case No. 44 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms and Sections 309a), 36, 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 2661.12 liters liquor was recovered from the truck and pick-up van in question. One loaded pistol and 8 mm cartridge were also recovered. The petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22973 of 2024(2) dt.22-03-2024 2/3 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 petitioner is neither nor the driver the vehicles in question. The petitioner is in custody since18.02.2024 and has got no 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 Gaighat P.S. case No. 44 of 2024 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.22973 of 2024(2) dt.22-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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