Patna High CourtCR. MISC./78913/2024bail granted

Deepak Kumar @ Sonu Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78913 of 2024 Arising Out of PS. Case No.-671 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Deepak Kumar @ Sonu Kumar Son of Lallu Chaudhary @ Lallu Choudhary Resident Of Village -Jhabarmal Gali, Ward No 31, Ps- Dehri, (T), DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Indu Bhushan, Advocate Ms. Swati Parmar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard Ms. Indu Bhushan, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Dehri (T) P.S. Case No. 671 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 60 liters liquor was recovered from motorcycle and the petitioner was apprehended on spot.

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.78913 of 2024(2) dt.11-11-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 09.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dehri (T) P.S. Case No. 671 of 2024.

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