Nandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77704 of 2024 Arising Out of PS. Case No.-781 Year-2024 Thana- Excise P.S. District- Lakhisarai ====================================================== Nandu Kumar Son of Patali Ram Resident of Village - Ramchandrapur, Ward No. 13, P.S. - Pipariya, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 781 C2 of 2024 instituted for the offences under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 288 liters of foreign liquor was recovered from pickup van. 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 the driver of the vehicle in question. He was oblivious of the fact

Patna High Court CR. MISC. No.77704 of 2024(2) dt.29-10-2024 2/2 that illicit liquor was laden in the vehicle. The petitioner is in custody since 05-09-2024 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 Excise PS Case No. 781 C2 of 2024.

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