Patna High CourtCR. MISC./39935/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-07-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39935 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Mantu Kumar S/O Rajeshwar Sahani R/O Chailaha Kothi, P.S. - Banjariya, Dist - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-07-2024

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

2. The petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 134 of 2024 instituted for the offences punishable under Sections 414, 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 25 litres of country-made liquor was recovered from motorcycle.

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

Patna High Court CR. MISC. No.39935 of 2024(3) dt.26-07-2024 2/2 that petitioner is not the owner of the motorcycle in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 24.02.2024 and has one 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 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 Turkauliya (Banjariya) P.S. Case No. 134 of 2024.

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