Patna High CourtCR. MISC./32317/2024bail granted

Vinay 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.32317 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== Vinay Kumar Son of Raj Nanadan Singh Resident of Village- Dorra, P.S.- Rampur Chouram, Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, 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 Rampur Chauram P.S. Case No. 36 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 a total 5 liters liquor was recovered from a house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Recovery has been made from open sky about 100 meters far from the house of the petitoner. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.32317 of 2024(2) dt.30-04-2024 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 13.03.2024. The petitioner has got criminal antecedent of two 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 Rampur Chauram P.S. Case No. 36 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U