Patna High CourtCR. MISC./31417/2024bail granted

Rangila Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31417 of 2024 Arising Out of PS. Case No.-422 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Rangila Kumar Son of Bharat Manjhi R/O Vill- Sorampur , P.S - Dulhin Bazar , Dist- Patna , P/A- Nandlal Chapra, P.S - Agamkuan, Dist-Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Ahmad Ali, 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 Excise P.S. Case No. 422 of 2024 instituted for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 100 litres of liquor was recovered from tempo.

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.31417 of 2024(2) dt.24-04-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner is the owner and the driver of the vehicle but was unaware of the loaded article/liquor. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 29.02.2024 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 Excise P.S. Case No. 422 of 2024.

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