Patna High CourtCR. MISC./31999/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-04-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31999 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Vikash Kumar Son of Bhagwan Tiwari Resident of village- Kuriya ,P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Adapur P.S. Case No. 80 of 2024 instituted for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 451.2 liters of illegal liquor from a Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was apprehended on spot. Petitioner has no concern either with the seized vehicle or with the alleged recovery of liquor. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.31999 of 2024(2) dt.26-04-2024 2/2 conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case. Chargesheet has been submitted in this case. The petitioner is in custody since 08.03.2024 and has no criminal antecedent.

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 as well as 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 Adapur P.S. Case No. 80 of 2024.

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