Patna High CourtCR. MISC./31202/2024bail granted

Sandip Kumar Mathur v. The State Of Bihar

2024-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31202 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Sandip Kumar Mathur son of Kartar Singh R/o- C-15, Deep Vihar Pansali Sector-24, Ps- Begampur Dist- New Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Dumraon) P.S. Case No. 32 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 336.960 litres of illicit liquor was recovered from two cars out of which 51.840 litres of liquor was recovered from the car of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.31202 of 2024(2) dt.24-04-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the name of the petitioner as been transpired as being the owner of the vehicle in question and has he has got no concern with the loaded articles/liquor. The petitioner is in custody since 03.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the 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, clean antecedent 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Dumraon) P.S. Case No. 32 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T