Patna High CourtCR. MISC./32441/2024bail granted

Manish Kumar v. The State Of Bihar

2024-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32441 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Manish Kumar Son of Ram Girih Yadav R/O Village- Govindpur, P.S.- Pirpainti, Distt.-Bhagalpur 2.

Saurabh Kumar Son of Bhola Kumar Resident of Village- Govindpur, P.S.- Pirpainti, Distt- Bhagalpur.

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sabour P.S. Case No. 101 of 2024 instituted for the offences under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 48.75 liters of IMFL was recovered from a trolley bag from bike.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no

Patna High Court CR. MISC. No.32441 of 2024(2) dt.30-04-2024 2/2 concern with the alleged recovery of liquor. The petitioner is in custody since 19.03.2024 as per impugned order and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sabour P.S. Case No. 101 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U