Patna High CourtCR. MISC./76325/2024bail granted

Munna Kumar v. The State Of Bihar

2024-10-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76325 of 2024 Arising Out of PS. Case No.-658 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Munna Kumar Son of Bilas Ram @ Bilas Ray Village-Dikki Khurd Circuit house Hajipur, P.S- Sadar Hajipur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kaimur Excise P.S. case No. 658 of 2024 instituted for the offences under Sections 30(a), 32(1)(3), 41(1)(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 140.460 liters liquor was recovered from 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. The car

Patna High Court CR. MISC. No.76325 of 2024(2) dt.24-10-2024 2/2 in question does not belong to the petitioner. It is further submitted that the petitioner is said to be driver and he has no knowledge regarding nature of goods kept in the car. The petitioner is in custody since 20.08.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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 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 Kaimur Excise P.S. case No. 658 of 2024.

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