Patna High CourtCR. MISC./78361/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-10-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78361 of 2024 Arising Out of PS. Case No.-518 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Vikash Kumar Son of Lakshman Thakur R/O Vill.- Ratanpur, P.S.- Kamtaul, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sakra P.S. case No. 518 of 2024 instituted for the offences under Sections 274, 275, 61(2), 3(5) of BNS and Sections 30(a), 32(1), 32(2), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 1651.680 liters liquor was recovered from three vehicles.

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. It is further submitted that the petitioner is neither the owner nor the driver

Patna High Court CR. MISC. No.78361 of 2024(2) dt.30-10-2024 2/2 of the vehicles in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 09.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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 Sakra P.S. case No. 518 of 2024.

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