Patna High CourtCR. MISC./41654/2024bail granted

Bittu Kumar @Kallu v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41654 of 2024 Arising Out of PS. Case No.-500 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Bittu Kumar @Kallu Son Of Rama Shankar Ray Village- Sultanpur, PsChowki, Near Panchayat Bhawan, Ward No. 20, Ps- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 500 of 2024 instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 41.40 liters of liquor was recovered from a scooty.

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. The petitioner has got no concern with the alleged recovery of liquor. Petitioner has no concern

Patna High Court CR. MISC. No.41654 of 2024(2) dt.19-06-2024 2/2 with the alleged vehicle in question. The petitioner is in custody since 22.04.2024 and has three criminal antecedents. Petitioner has no knowledge regarding the alleged occurrence. 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 as well as 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 Excise P.S. Case No. 500 of 2024.

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