Patna High CourtCR. MISC./42434/2024bail granted

Munna Kumar @ Munna Kumar Gupta v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42434 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Munna Kumar @ Munna Kumar Gupta S/O Amerilal Prasad R/O VillagePirari, P.S- Inawara, Distt.- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, 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 Puroshotampur P.S. case No. 25 of 2024 instituted for the offences under Sections 272, 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 100 liters liquor was recovered from the motorcycle and the petitioner was apprehended at the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to high handedness of the police. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.42434 of 2024(2) dt.20-06-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 21.03.2024 and has got no criminal antecedent. 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 Puroshotampur P.S. case No. 25 of 2024.

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