Patna High CourtCR. MISC./42808/2024bail granted

Prem Kumar v. The State Of Bihar

2024-06-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42808 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- BHAGWANGANJ District- Patna ====================================================== Prem Kumar S/O Sri Lalan Yadav R/V- Rohilapar, P.S- Bhagwanganj, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bhagwanganj P.S. case No. 57 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters liquor was recovered from house of the petitioner.

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 recovery is made from the joint house of

Patna High Court CR. MISC. No.42808 of 2024(2) dt.20-06-2024 2/2 the petitioner where the other family members also reside. The petitioner is in custody since 24.04.2024 and has got three criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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 Bhagwanganj P.S. case No. 57 of 2024.

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