Patna High CourtCR. MISC./23274/2024bail granted

Vishal Kumar Chauhan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23274 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Vishal Kumar Chauhan Son Of Upendra Mahto Resident Of Village- Koyla Dewa, Ps- Phulwariya, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhangi Pandey, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, 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 Mirganj P.S. case No. 20 of 2024 instituted for the offences under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 360 liters liquor was recovered from the car in question. The petitioner was apprehended at the spot.

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

Patna High Court CR. MISC. No.23274 of 2024(2) dt.22-03-2024 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the car in question does not belong to the petitioner. The petitioner is in custody since 17.01.2024 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 Mirganj P.S. case No. 20 of 2024.

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