Patna High CourtCR. MISC./28321/2024bail granted

Abhay Kumar v. The State Of Bihar

2024-04-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28321 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Abhay Kumar Son of Rajendra Tiwari Resident of Village- Purushotipur, Tiwari Tola, Ward No. 11, Police Station- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Adapur P.S. Case No. 80 of 2024, instituted for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 451.2 liters liquor was recovered from Bolero car.

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 no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.28321 of 2024(2) dt.18-04-2024 2/2 submitted that the petitioner is neither driver nor owner of the seized vehicle in question and name of the petitioner has transpired on the basis of confessional statement of co-accused Rakesh Tiwari. The petitioner is in custody since 09.03.2024 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 Adapur P.S. Case No. 80 of 2024.

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