Patna High CourtCR. MISC./38095/2024bail granted

Chandar Kumar @ Chandu v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38095 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- KISHANPUR District- Supaul ====================================================== Chandar Kumar @ Chandu Son Of Manoj Sah Village- Kataiya Ward No. 13 PS- Pipra, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kishanpur P.S. Case No. 50 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, 387 liters liquor was recovered from car.

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 car in

Patna High Court CR. MISC. No.38095 of 2024(2) dt.17-05-2024 2/2 question. The petitioner was not arrested on spot, name of the petitioner has transpired on the basis of confessional statement of co-accused Vishwa Mohan Kumar. The petitioner is in custody since 06.03.2024 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 Kishanpur P.S. Case No. 50 of 2024.

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