Patna High CourtCR. MISC./68962/2024bail granted

Manish Kumar v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68962 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Manish Kumar Son of Jay Kumar Yadav R/o Village-Lok Nathpur, P.S.- Malahi, Distt.- East Champaran at present R/o -Village-Sareya PandeyTola, P.S.- Govindganj, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjana Srivastava, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Govindganj P.S. Case No. 221 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 total 13.5 litres of liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.68962 of 2024(2) dt.20-09-2024 2/2 that petitioner is not the owner of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 26.07.2024 and has one criminal antecedent. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Govindganj P.S. Case No. 221 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T