Patna High CourtCR. MISC./68445/2024bail granted

Mayank Kumar Purbey @ Mayank Kumar Purvey v. The State Of Bihar

2024-10-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68445 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- DEODHA District- Madhubani ====================================================== Mayank Kumar Purbey @ Mayank Kumar Purvey Son of Sunil Kumar Purve Resident of Village - J.P Colony Suratganj, Ward No.14, Madhubani, Police Station - Town, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in G.R. case no. 924 of 2024, arising out of Deodha P.S. Case No. 60 of 2024, registered under Sections 272, 273, 34 of the Indian Penal Code, Section 30(a) of the Bihar Prohibition and Excise Act and Sectioin 78 of the J.J. Act.

3. The prosecution case, in short, is that, 27 liters liquor was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further

Patna High Court CR. MISC. No.68445 of 2024(2) dt.03-10-2024 2/2 submits that the petitioner is not named in the FIR. Name of the petitioner has transpired as being owner of the motorcycle in question and he has no knowledge regarding the goods kept in his vehicle. The petitioner 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, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 G.R. case no. 924 of 2024, arising out of Deodha P.S. Case No. 60 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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