Patna High CourtCR. MISC./34760/2024bail granted

Vishal Kumar @ Gabbar v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34760 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- PARSA District- Saran ====================================================== Vishal Kumar @ Gabbar Son of Laleshwar Ray Resident of Village- Pojhi, P.S- Derni, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rajani Kumari, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Parsa P.S. Case No. 215 of 2023, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 150 liters liquor was recovered from tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is driver of the seized vehicle and

Patna High Court CR. MISC. No.34760 of 2024(2) dt.07-05-2024 2/2 he has no knowledge regarding the goods loaded in the vehicle. The petitioner is not named in the F.I.R. Name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner is in custody since 30.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa P.S. Case No. 215 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T