Patna High CourtCR. MISC./40089/2024bail granted

Nand Kumar v. The State Of Bihar

2024-07-26Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40089 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Nand Kumar Son of Late Parmeshwar Das R/O Gandhi Nagar, Ward No. 8, P.S.- Raghopur, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Session Trial Excise No. 748 of 2024 arising out of Raghopur P.S. Case No. 57 of 2024 dated 17.02.2024 registered for the offence punishable under Section 30 (a)/41 of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 210.900 litres of country made Nepali liquor from Tempo bearing Reg. No. BR50P-5561.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is neither the owner nor

Patna High Court CR. MISC. No.40089 of 2024(3) dt.26-07-2024 2/2 the driver of the said Tempo. It is submitted that petitioner was a bonafide passenger of the said Tempo. Only on the basis of suspicion, the petitioner has been arrested. Lastly, it has been submitted that the petitioner is in custody since 17.02.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Judge, Excise Court No. 2, Supaul in connection with Raghopur P.S. Case No. 57 of 2024.

(Khatim Reza, J) prabhat/- U T