Patna High CourtCR. MISC./58028/2024bail granted

Vishal Kumar v. The State Of Bihar

2024-08-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58028 of 2024 Arising Out of PS. Case No.-554 Year-2024 Thana- Excise P.S. District- West Champaran ====================================================== Vishal Kumar son of Sonalal Sah village- Ward No 15, Tejpurwa Daranagar, P.S- Malahi, Dist -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bettiah Excise P.S. Case No. 554 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, 69.120 liters liquor was recovered from a car and the petitioner was apprehended on spot.

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. Learned counsel

Patna High Court CR. MISC. No.58028 of 2024(2) dt.21-08-2024 2/2 for the petitioner further submitted that the petitioner is the owner of the car in question and he was only passing by the place of occurrence with his car and the police party arrested him on the basis of suspicion. The petitioner is in custody since 04.07.2024 and has got no criminal antecedent. 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 Bettiah Excise P.S. Case No. 554 of 2024.

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