Patna High CourtCR. MISC./32463/2024bail granted

Ajit Kumar @ Ajeet 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.32463 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== Ajit Kumar @ Ajeet Kumar Son of Harendra Ray @ Harendra Kumar Rai R/O - vill- Pakri Parsha, P.s- Suppi, Dist - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, 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 Parsauni P.S. Case No. 31 of 2024 instituted for the offences under Section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 306 liters of Nepali Saufi wine was recovered from a bolero vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is neither owner nor driver of the said Bolero vehicle. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the

Patna High Court CR. MISC. No.32463 of 2024(2) dt.30-04-2024 2/2 conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is neither owner nor driver. The petitioner is in custody since 10.03.2024 and has got no criminal antecedent. 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, clean antecedent of the petitioner 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 Parsauni P.S. Case No. 31 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U