Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75963 of 2024 Arising Out of PS. Case No.-546 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Vishal Kumar Son of Arvind Choudhary R/O Vil.- Shamabad Amba, P.S.- Rahui, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 546 of 2024 instituted for the offences under Sections 30(a), 45 & 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 141.750 liters liquor was recovered from the car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is neither the owner nor the drive of the car. The petitioner is in

Patna High Court CR. MISC. No.75963 of 2024(2) dt.23-10-2024 2/2 custody since 06-08-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.

Learned A.P.P. 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 of the petitioner 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 Excise PS Case No. 546 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T