Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25884 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Bipin Kumar S/o Suresh Bhagat R/o vill - Lala Tola, ward no. 10, P.S. - Ghorasahan, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhaka PS Case No. 65 of 2024 instituted for the offences under Section 414 of the IPC and Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 467.40 liters liquor was recovered from the Tata Magic Pickup. 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. Petitioner is

Patna High Court CR. MISC. No.25884 of 2024(2) dt.04-04-2024 2/2 driver of the vehicle. Petitioner has no knowledge about the goods loaded in the vehicle. The petitioner is in custody since 14-02-2024 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, clean antecedent of the petitioner 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 Dhaka PS Case No. 65 of 2024.

(Rudra Prakash Mishra, J) Raj kishore/- U T