Patna High CourtCR. MISC./34825/2024bail granted

Prashant Kumar v. The State Of Bihar

2024-05-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34825 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Prashant Kumar Son of RamNaresh Prasad Singh Resident of Village- Ward No - 1, Keshopur, Babhagaanwo, P.S.- Paroo, Dist- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sripur P.S. Case No. 01 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, the police has recovered total 84.690 liter foreign liquor from the Wagon R car bearing Regd. No. BR51C5195.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not the owner of the alleged car. The petitioner

Patna High Court CR. MISC. No.34825 of 2024(2) dt.09-05-2024 2/2 has no concern with the seized liquor. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 29.02.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner let the petitioner, abovenamed, 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 Sripur P.S. Case No. 01 of 2024.

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