Patna High CourtCR. MISC./39085/2024bail granted

Arpit Kumar @ Amit Kumar @ Karu @ Arpit Jaynandan Singh v. The State Of Bihar

2024-05-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39085 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- HISUWA District- Nawada ====================================================== Arpit Kumar @ Amit Kumar @ Karu @ Arpit Jaynandan Singh S/o Jay Nandan Singh R/o vill - Hadsa, P.s. - Hisua, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-05-2024

1. Heard Mr. Rajesh Ranjan Kumar, learned counsel for the petitioner and Mr. Chaubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Hisua P.S. Case No. 193 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 8.1 litres of illicit liquor was recovered from the petitioner.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.39085 of 2024(2) dt.23-05-2024 2/2 petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor or with the place from where the alleged recovery has been made. The petitioner is in custody since 26.03.2024 and has five criminal antecedents. 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 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, after framing of charge, if not already framed, 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 Hisua P.S. Case No. 193 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T