Patna High CourtCR. MISC./27863/2024bail granted

Sanoj Kumar v. The State Of Bihar

2024-04-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27863 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Sanoj Kumar S/o- Binay Baitha Village- Nonpharwa Ps- Pathahi dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dhaka (Pachpakari) P.S. Case No. 71 of 2024, instituted for the offences punishable under Section 414 of the Indian Penal Code, Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 180 liters liquor was recovered from three motorcycles and the petitioner was apprehended on 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

Patna High Court CR. MISC. No.27863 of 2024(2) dt.09-04-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the petitioner not the owner of any of the seized motorcycles, rather he was a passerby of that way. The petitioner is in custody since 19.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka (Pachpakari) P.S. Case No. 71 of 2024.

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