Patna High CourtCR. MISC./43856/2024bail granted

Randheer Kumar @ Randhir Kumar v. The State Of Bihar

2024-06-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43856 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Randheer Kumar @ Randhir Kumar S/O Yogendra Singh @ Gabbar Singh R/O Village-Kerai,ward no.04, Tola Sarpatti, P.S.-Bibhutipur,Distt-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ujiarpur P.S. case No. 85 of 2024 instituted for the offences under Sections 30(a), 41(2)(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 459 liters liquor was recovered from two cars.

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

Patna High Court CR. MISC. No.43856 of 2024(2) dt.25-06-2024 2/3 of liquor. It is further submitted that the name of the petitioner has come on the basis of disclosure made by coaccused. The petitioner is neither the owner nor the driver of the vehicles in question. The petitioner is in custody since 20.05.2024 and has got three criminal antecedents in which he is on bail. 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 Ujiarpur P.S. case No. 85 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.43856 of 2024(2) dt.25-06-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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