Patna High CourtCR. MISC./24844/2024bail granted

Vishal Kumar v. The State Of Bihar

2024-04-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24844 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Vishal Kumar Son Of Manoj Sahni Resident Of Village- Dumari, Ps- Sadar, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Muzaffarpur Sadar P.S. Case No. 97 of 2024, instituted for the offences punishable under Sections 414, 420, 467, 468, 471 of the Indian Penal Code, Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 614.040 liters liquor was recovered from litchi garden of Suresh Rai.

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

Patna High Court CR. MISC. No.24844 of 2024(2) dt.02-04-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the alleged place of recovery does not belong to the petitioner. Name of the petitioner has transpired on the basis of secret information which was received by the police. The petitioner is in custody since 14.02.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muzaffarpur Sadar P.S. Case No. 97 of 2024.

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