Patna High CourtCR. MISC./31922/2024bail granted

Shubham Kumar v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31922 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Shubham Kumar Son Of Naresh Nishad Village Bhuli Dhanbad, P.S. - Tetulmari, Dist Dhanbad Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard Mr. Shivendra Prasad, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 292 of 2024, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 216 liters liquor was recovered from a vehicle 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.31922 of 2024(2) dt.25-04-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor driver, rather the petitioner took lift in the said vehicle and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 27.02.2024 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 Excise P.S. Case No. 292 of 2024.

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