Patna High CourtCR. MISC./31568/2024bail granted

Kumar Gaurav @ Pintu Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31568 of 2024 Arising Out of PS. Case No.-82 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== Kumar Gaurav @ Pintu Singh son of Ramchandra Singh Village- Kumar PsSikandara Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :

Ms.Asha Devi, 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 Sikandara P.S. Case No. 82 of 2021 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 171 litres of liquor was recovered from Bolero vehicle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.31568 of 2024(2) dt.24-04-2024 2/2 possession of the petitioner. It is further submitted that the name of the petitioner has transpired in this case only because he happens to be the owner of the vehicle in question and has got no concern with the loaded articles/liquor. The petitioner is in custody since 05.03.2024 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 Sikandara P.S. Case No. 82 of 2021 .

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