Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77182 of 2024 Arising Out of PS. Case No.-305 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== RAJ KUMAR S/o- Shree Bhagvan Singh @ Bhagwan Singh Village- Bikram English Ps-Sikraul Dist-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Buxar Muffasil PS Case No. 305 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

The prosecution case, in short, is that 1.830 liters liquor was recovered from house of one Butani Devi. It is also alleged that there is recovery of one country made pistol and two live cartridges.

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

Patna High Court CR. MISC. No.77182 of 2024(2) dt.26-10-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor and arms. The petitioner is in custody since 19-09-2024 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 Buxar Muffasil PS Case No. 305 of 2024.

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