Patna High CourtCR. MISC./25173/2024bail granted

Raja Kumar v. The State Of Bihar

2024-04-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25173 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Raja Kumar Son of Late Rajendra Mahto Resident of Village- Saraiyaganj Gola Road, P.S.- Town, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No. 97 of 2024 instituted for the offences under Section 30(a), of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that there is recovery of total 290.67 liter foreign made liquor from an Auto bearing Reg. No. BR06GF-0826.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. Nothing incriminating article has

Patna High Court CR. MISC. No.25173 of 2024(3) dt.03-04-2024 2/2 been recovered from his conscious possession. The petitioner is in judicial custody since 12.02.2024 and has no criminal antecedent. It is further submitted that there is no compliance of Section 100 of the 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 judicial 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 Muzaffarpur Town P.S. Case No. 97 of 2024.

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