Patna High CourtCR. MISC./26365/2024bail granted

Anil Kumar v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 26365 of 2024 Arising Out of PS. Case No.-373 Year-2023 Thana- Excise P.S. District- Jehanabad ====================================================== ANIL KUMAR S/O KRISHNA MUSHAR R/O VILLAGE- KORARA, P.SPALIGANJ, DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Arwal Excise P.S. case No. 373 of 2023 instituted for the offences under Section 30(a), 30(c) of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that the petitioner was apprehended on the spot and from his bag total 20 liters country made liquor was recovered.

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. No incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No. 26365 of 2024(2) dt.05-04-2024 2/2 possession. The petitioner is in judicial custody since 07.02.2024 and has no criminal antecedent. 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case, judicial custody undergone by the petitioner, and fair criminal antecedent, 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 Arwal Excise P.S. case No. 373 of 2023.

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