Patna High CourtCR. MISC./34743/2024bail granted

Sanjeev Kumar v. The State Of Bihar

2024-05-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34743 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- CHANDAN District- Banka ====================================================== Sanjeev Kumar Son of Bhikhari Mahto Resident of Village- Korchakka, P.S.- Bihpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chandan P.S. Case No. 207 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that a total 305.46 liters foreign liquor was recovered from a vehicle.

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

Patna High Court CR. MISC. No.34743 of 2024(2) dt.06-05-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 25.12.2023 and 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 Chandan P.S. Case No. 207 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U