Patna High CourtCR. MISC./32368/2024bail granted

Karan 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.32368 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Karan Kumar son of Bahadur Mahto @ Jang Bahadur Mahto VillageBasantpur Ps- Kundwa Chainpur Dist- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Pushpa Sinha.1, APP ====================================================== 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 Kundwa Chainpur P.S. Case No. 6 of 2024 instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 165.3 liters liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is neither owner nor has he any connection with the said motorcycle. Charge-sheet has been submitted in this case. No incriminating material has been

Patna High Court CR. MISC. No.32368 of 2024(2) dt.30-04-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 28.02.2024 and he has got antecedent of one criminal case. 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 Kundwa Chainpur P.S. Case No. 6 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U