Patna High CourtCR. MISC./29628/2024bail granted

Manish Kumar v. The State Of Bihar

2024-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29628 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- PATNA RAIL P.S. District- Patna ====================================================== Manish Kumar Son Of Loknath Rai Resident Of Village - Jethuli, Police Station - Nadi, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Specia Case No. 198/2024 arising out of Rail Patna Junction P.S. Case No. 68 of 2024 dated 06.02.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition & Excise Act, 2016.

3. Allegation is recovery of 142.200 liters of illicit country made liquor from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. There is general and omnibus allegation against the petitioner. On bare perusal of the FIR it is

Patna High Court CR. MISC. No.29628 of 2024(2) dt.29-04-2024 2/2 found that the recovery was made from the toilet of Baidnath Dham Express at Patna Junction and the petitioner is passenger of train and at the time of raid he was standing near the toilet. The petitioner has no concern with the seized liquor. The petitioner has clean antecedent and he is in custody since 07.02.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special Case No. 198 of 2024 arising out of Rail Patna Junction P.S. Case No. 68 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T