Patna High CourtCR. MISC./36034/2024bail granted

Vikash v. The State Of Bihar

2024-05-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36034 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Vikash Son Of Baljeet Singh Village- Anandpur Ps -Sadar Distt -Rohtak Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Dumraon) P.S. Case No. 32 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 total 336.960 litres of liquor was recovered from two cars.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further

Patna High Court CR. MISC. No.36034 of 2024(2) dt.10-05-2024 2/2 submitted that petitioner is only the driver of the vehicle in question and has no concern with the loaded articles/liquor. The co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 24.04.2024 passed in Cr. Misc. No. 31202 of 2024. The petitioner is in custody since 03.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the 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, claim based on parity 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 Excise (Dumraon) P.S. Case No. 32 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T