Patna High CourtCR. MISC./29606/2024bail granted

Raja 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.29606 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.

Raja Kumar Son of Umesh Kumar @ Umesh Yadav Resident of VillageDarabsaukhi, P.s.- Fathua, Dist- Patna 2.

Sourabh Kumar son of Late Vinay Prasad Resident of village- Darabsaukhi, P.S.- Fatuha, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Didarganj P.S. Case No. 109 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, 80 liters liquor was recovered from motorcycle and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.29606 of 2024(2) dt.20-04-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that none of the petitioners are owner of the seized motorcycle in question, rather they were passerby of that way. The petitioners are in custody since 20.03.2024 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Didarganj P.S. Case No. 109 of 2024.

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