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Patna High CourtCR. MISC./77256/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-10-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77256 of 2024 Arising Out of PS. Case No.-290 Year-2021 Thana- PUNPUN District- Patna ====================================================== Raushan Kumar S/O Mohan Ram R/O Dahiyata, P.S.- Masaurhi, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Punpun PS Case No. 290 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 282 liters liquor was recovered from two cars.

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. It is submitted that one Shiv Prasad Singh, who is the owner of the seized

Patna High Court CR. MISC. No.77256 of 2024(2) dt.28-10-2024 2/2 vehicle, confessed before the police that he sold the same to the petitioner. Petitioner is neither the owner not the driver of the vehicle in question. The petitioner is in custody since 05-092024 and has got two criminal antecedents. 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 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 Punpun PS Case No. 290 of 2021.

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