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Patna High CourtCR. MISC./25904/2024bail granted

Mithlesh 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.25904 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- AMAS District- Gaya ====================================================== Mithlesh Kumar Son Of Jaggu Yadav @ Jagu Yadav Resident Of VillageKarma, Hosil, Ps- Jori, Dist- Chatra (Jharkhand ) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the State :

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

2.

The petitioner seeks bail in connection with Amas PS Case No. 56 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 53.25 liters liquor was recovered from tempo and the petitioner was arrested on 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 has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.25904 of 2024(2) dt.04-04-2024 2/2 that petitioner is neither the driver of the vehicle nor the owner of the vehicle. The petitioner is in custody since 25-02-2024 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 Amas PS Case No. 56 of 2024.

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