Patna High CourtCR. MISC./36712/2024bail granted

Mithun Kumar v. The State Of Bihar

2024-05-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36712 of 2024 Arising Out of PS. Case No.-178 Year-2017 Thana- KHAIRA District- Saran ====================================================== Mithun Kumar Son of Late Tetar Rai Resident of village - Awari, P.O. and Police Station - Marhowrah, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Khaira (Nagra) P.S. Case No. 178 of 2017, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1447 liters liquor was recovered from container.

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. It is further submitted that the petitioner is not the owner of the seized

Patna High Court CR. MISC. No.36712 of 2024(2) dt.14-05-2024 2/2 container in question. The petitioner is not named in the F.I.R. Name of the petitioner has transpired during the course of investigation on the basis of his mobile number with which a call was made to the co-accused Rajeshwar Singh. The petitioner is in custody since 23.03.2024 and has 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 petitioner.

6. Considering the aforesaid facts and circumstances of the case 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khaira (Nagra) P.S. Case No. 178 of 2017.

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