Patna High CourtCR. MISC./47996/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-07-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47996 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Rahul Kumar Son Of Late Rajeshwar Mahto Village - Sirsa, Purana Tola, P.S. -Baikunthpur, District -Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sachina, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Baikunthpur P.S. Case No. 74 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 525 liters liquor was recovered from fifteen plastic gallons.

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 the petitioner was not arrested on spot. Name of

Patna High Court CR. MISC. No.47996 of 2024(2) dt.10-07-2024 2/2 the petitioner has transpired on the basis of confessional statement of co-accused Vishal Kumar Nakatta which has no evidentiary value. The petitioner is in custody since 02.05.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baikunthpur P.S. Case No. 74 of 2024.

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