Patna High CourtCR. MISC./32332/2024bail granted

Sunil Kumar @ Sunil Kumar Mandal v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32332 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- JOKIHAT District- Araria ====================================================== Sunil Kumar @ Sunil Kumar Mandal Son of Chhutahru Mandal Resident of Village- Thumha Bazar, Ward No.- 11, P.S.- Pipra, Dist.- Supaul. ..... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Gulnar Begum, 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 Jokihat P.S. Case No. 71 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 180 liters liquor was recovered from a four wheeler.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is the driver and had no knowledge regarding the goods loaded in the vehicle. 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 concern with the alleged

Patna High Court CR. MISC. No.32332 of 2024(2) dt.30-04-2024 2/2 recovery of liquor. The petitioner is in custody since 28.02.2024 and has got antecedent of two criminal cases in which he is on bail. 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 Jokihat P.S. Case No. 71 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U