Patna High CourtCR. MISC./37787/2024bail granted

Amit Kumar @ Amit Paswan v. The State Of Bihar

2024-05-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37787 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Amit Kumar @ Amit Paswan S/o- Late Ramashankar Paswan VillageChogada Ps- Durgawati Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Durgawati P.S. Case No. 96 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, 302.400 liters liquor was recovered from Bolero 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 was not arrested on spot. Name of

Patna High Court CR. MISC. No.37787 of 2024(2) dt.16-05-2024 2/2 the petitioner has transpired on the basis of confessional statement of co-accused Ujagar Kumar. The petitioner is in custody since 09.04.2024 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 Durgawati P.S. Case No. 96 of 2024.

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