Patna High CourtCR. MISC./44406/2024bail granted

Manoj Kumar v. The State Of Bihar

2024-06-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44406 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- Excise P.S. District- Araria ====================================================== 1.

Manoj Kumar son of Kishor Singh Village- Parmanandpur W.No-11, Pskarjain Dist- Supaul 2.

Hareram Kumar son of Mahendra Singh Village- Parmananadpur W.No-11, Ps- Karjain Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Araria Excise Circle P.S. case No. 200 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 144 liters liquor was recovered from the motorcycle and the petitioners were arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.44406 of 2024(2) dt.26-06-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners are not the owner of the motorcycle in question. The petitioners are in custody since 10.05.2024 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria Excise Circle P.S. case No. 200 of 2024.

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