Patna High CourtCR. MISC./64948/2024bail granted

Viranjan Kumar v. The State Of Bihar

2024-09-17Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64948 of 2024 Arising Out of PS. Case No.-368 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Viranjan Kumar Son of Suresh Rai @ Suresh Ray Resident of Kila Ghat, PSChowk ,District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Malsalami P.S Case No. 368 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, total 75 litre illicit liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.64948 of 2024(2) dt.17-09-2024 2/2 On perusal of seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 11.08.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Exclusive Special Judge, Excise, Patna City in connection with Malsalami P.S Case No. 368 of 2024 with condition that petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial and in his absence on two consecutive dates without any cogent reason will be sufficient to cancel his bail bonds.

(Ramesh Chand Malviya, J) Mayank/- U T