Patna High CourtCR. MISC./79283/2024bail granted

Madhurendra Kumar v. The State Of Bihar

2024-11-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79283 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Madhurendra Kumar S/o Kamleshwar Singh R/o Vilalge- Samara, PS- Chiaia, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar, Advocate Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kuchaikote P.S. case No. 370 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 210.54 liters liquor was recovered from car and the petitioner was arrested 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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.79283 of 2024(2) dt.12-11-2024 2/2 further submitted that the petitioner is said to be driver of the car in question. The petitioner had no knowledge regarding nature of goods kept in the car. The petitioner is in custody since 03.09.2024 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 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 Kuchaikote P.S. case No. 370 of 2024.

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