Patna High CourtCR. MISC./34848/2024bail granted

Kundan Kumar v. The State Of Bihar

2024-05-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34848 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Kundan Kumar S/o Devendra Singh R/o Village and Post - Alipur Bihta, P.S. Salimpur, District Patna 2.

Nitish Kumar S/o Sanjiv Singh R/o Village and Post - Alipur Bihta, P.S. Salimpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Excise Prohibition Sadar Ara P.S. Case No. 75 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 360 liters liquor was recovered from Scorpio car and the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered

Patna High Court CR. MISC. No.34848 of 2024(2) dt.08-05-2024 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that petitioner no. 1 is driver and petitioner no. 2 passenger of that car and both of them have no knowledge regarding the goods loaded in their vehicle. The petitioners are in custody since 02.04.2024 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Prohibition Sadar Ara P.S. Case No. 75 of 2024.

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