Patna High CourtCR. MISC./77057/2024bail granted

Sunil Dutt v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77057 of 2024 Arising Out of PS. Case No.-120 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== Sunil Dutt Son of Rikhi Ram Resident of Village- Chouki Charech, P.S. -Pachard, District- Simour state Himachal Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jamhore P.S. Case No. 120 of 2021 instituted for the offences punishable under Sections 420, 467, 468, 120B, 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 3518.64 litres of illicit liquor has been recovered from truck.

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 that the name of the petitioner has transpired merely because he

Patna High Court CR. MISC. No.77057 of 2024(2) dt.25-10-2024 2/2 happens to be the owner of the vehicle in question. Learned counsel further submitted that petitioner had no knowledge regarding the good loaded in the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 02.09.2024 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 Jamhore P.S. Case No. 120 of 2021.

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