Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78658 of 2024 Arising Out of PS. Case No.-2279 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Aman Kumar S/o Ajay Prasad R/o Mohalla- Bakarganj, Imalitar, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2.

The petitioner seeks bail in connection with Excise PS Case No. 2279 of 2024 instituted for the offences under Sections 30(a), 56(6) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 319.260 litres foreign liquor was recovered from the Godown. 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 petitioner is not the owner of the godown rather the same is in the name of one Tinku @ Baba. The petitioner is in custody

Patna High Court CR. MISC. No.78658 of 2024(2) dt.11-11-2024 2/2 since 28.09.2024 and has got no criminal antecedent. 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, 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/- (Rupees 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. 2279 of 2024.

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