Patna High CourtCR. MISC./29717/2024bail granted

Munna Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29717 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Munna Kumar Son Of Vishwanath Rai Resident Of Village- Bairiya, PSMuffasil, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pipra Kothi P.S. Case No. 33 of 2024, instituted for the offences punishable under Sections 272, 273, 308, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 17.355 liters liquor was recovered from car 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.29717 of 2024(2) dt.20-04-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the petitioner took lift in the said vehicle to got to the market and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is neither owner nor driver of the seized vehicle in question. 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 Pipra Kothi P.S. Case No. 33 of 2024.

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