Patna High CourtCR. MISC./25372/2024bail granted

Anurag Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25372 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- BARHIYA District- Lakhisarai ====================================================== Anurag Kumar Son of Gopal Sharan Singh Resident of village Barahiya Near Bypass mor, ward no 20, P.S Barahiya District Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== 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 Barhaiya P.S. Case No. 36 of 2024 instituted for the offences punishable under Sections 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that the petitioner was arrested by the police in drunken condition. Upon test by breathe analyzer machine, it came into light that the petitioner had consumed 91 ml. Alcohol.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to criminal antecedents. No incriminating article has been

Patna High Court CR. MISC. No.25372 of 2024(2) dt.04-04-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner is in custody since 21.02.2024, and has four criminal antecedents. The petitioner has been made accused due to ulterior motive.

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 Barhaiya P.S. Case No. 36 of 2024.

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