Patna High CourtCR. MISC./71003/2024bail granted

Manish Kumar v. The State Of Bihar

2024-10-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71003 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Manish Kumar Son of Lakshman Prasad @ Laxman Prasad Resident of village- Gopalpur, Police Station- Parnadabar, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 310 of 2024 instituted for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 170 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. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel further

Patna High Court CR. MISC. No.71003 of 2024(2) dt.05-10-2024 2/2 submitted that petitioner is only the driver of the motorcycle and had no knowledge that his vehicle was used in transporting the illicit liquor. The petitioner is in custody since 17.08.2024 and has no 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, clean antecedent 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 Sirdalla P.S. Case No. 310 of 2024.

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