Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33219 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Ritesh Kumar Son of Naresh Mandal @ Ram Naresh Mandal R/O Vill.- Ghorabanki, Tole Panchratan, Ward No.05, P.S.- Basopatti, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Basopatti PS Case No. 22 of 2024 instituted for the offences under Sections 272, 273, 414 & 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 86 liters liquor was recovered from motorcycle.
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. Petitioner has no
Patna High Court CR. MISC. No.33219 of 2024(2) dt.02-05-2024 2/2 concern with the recovered motorcycle. The petitioner is in custody since 25-02-2024 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 Basopatti PS Case No. 22 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T