Patna High CourtCR. MISC./30993/2024bail granted

Vipul @ Dipul Chaudhary @ Vipul Chaudhary v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30993 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Vipul @ Dipul Chaudhary @ Vipul Chaudhary Son of Mahesh Chaudhary R/O Vill.-Pipra, P.S.- Govindpur, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Govindpur P.S. Case No. 64 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 78 liters of illegal liquor from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of information supplied by spy. Petitioner has no concern either with the seized

Patna High Court CR. MISC. No.30993 of 2024(2) dt.23-04-2024 2/2 motorcycle or with the alleged recovery of liquor. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case. The petitioner is in custody since 28.03.2024 and has two criminal antecedents in which he is on bail.

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 as well as 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 Govindpur P.S. Case No. 64 of 2024.

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