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Patna High CourtCR. MISC./79605/2024bail granted

Ravi Kumar v. The State Of Bihar

2024-11-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79605 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- ITARHI District- Buxar ====================================================== Ravi Kumar Son Of Late Vashawan Yadav @ Vasawan Singh Resident Of Village - Chakarhansi, P.O. - Pandey Patti, P.S. - Buxar Muffasil, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Itarhi P.S. Case No. 173 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 612 litres of liquor was recovered from the Scorpio. 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 the name of the petitioner has transpired as being owner of the seized Scorpio in question and he has no knowledge

Patna High Court CR. MISC. No.79605 of 2024(2) dt.13-11-2024 2/2 regarding the goods kept by the vehicle. The petitioner is in custody since 18.09.2024 and has got three criminal antecedents. There is no compliance of Section 103 of B.N.S.S. 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Itarhi P.S. Case No. 173 of 2024.

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