Patna High CourtCR. MISC./27820/2024bail granted

Vikrant Kumar v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27820 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Vikrant Kumar S/o Umesh Chandra Jha R/o vill - Harpur Pusa, P.s. - Pusa, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chakmehsi P.S. Case No. 157 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 284.4 litres of liquor was recovered from two vehicles. Two coaccused persons were apprehended on the spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle

Patna High Court CR. MISC. No.27820 of 2024(2) dt.19-04-2024 2/2 from which the alleged recovery was made. The petitioner has got no concern with the alleged recovery of liquor. Petitioner has got one criminal antecedent. There is no compliance of Section 100 of the 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 fact that nothing has been recovered from the possession of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Chakmehsi P.S. Case No. 157 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Alok Verma/- U T