Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51415 of 2024 Arising Out of PS. Case No.-911 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Amit Kumar Son Of Sahdev Singh Resident Of Village- Chhaprauli, P.S.- Chhaprauli, Distt.- Bagpat (Uttar Pradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Muffasil PS Case No. 911 of 2023 instituted for the offences under Sections 30(a)/32/41(1) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that there is recovery of 224.100 litres of liquor from two vehicles. 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. Petitioner is the
Patna High Court CR. MISC. No.51415 of 2024(2) dt.19-07-2024 2/2 co-driver of the vehicle in question. The petitioner is in custody since 28-12-2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 16-05-2024, passed in Cr. Misc. No. 37941 of 2024.
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, clean antecedent of the petitioner 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 Muffasil PS Case No. 911 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T