Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80631 of 2024 Arising Out of PS. Case No.-625 Year-2024 Thana- Excise P.S. District- Jehanabad ====================================================== Ashok Kumar Son of Ram Krishna Saw @ Krishna Prasad Village- Kako, Ward No 08, PS -Kako District -Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jehanabad Excise PS Case No. 625 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 6 litre liquor was recovered from black bag.

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 alleged recovery of illegal English liquor is said to have

Patna High Court CR. MISC. No.80631 of 2024(2) dt.20-11-2024 2/2 been recovered from a bag lying on the road near the toll plaza and the police arrested the petitioner due to criminal antecedents of petitioner of the same nature. The petitioner is in custody since 06.10.2024 and has got three criminal antecedents in which he is on bail. 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 Jehanabad Excise PS Case No. 625 of 2024.

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