Patna High CourtCR. MISC./27999/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27999 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- NTPC District- Patna ====================================================== VIKASH KUMAR S/O JAY RAJ PRASAD @ JAY RAM PRASAD SINGH Resident of Village- Purani Durga Sthan, Ward No- 14, P.S- Barh, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NTPC P.S. Case No. 39 of 2024 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 58.140 liters of illegal liquor was recovered from a bag.

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. The petitioner has got no concern with the alleged recovery of liquor. On the basis of suspicion, petitioner has been implicated in the present case by the police.

Patna High Court CR. MISC. No.27999 of 2024(2) dt.10-04-2024 2/2 The petitioner is in custody since 12.03.2024 and he has one criminal antecedent in which he is on bail. 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 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 NTPC P.S. Case No. 39 of 2024.

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