Patna High CourtCR. MISC./81531/2024bail granted

Lov Kumar @ Chhotu Kumar v. The State Of Bihar

2024-12-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81531 of 2024 Arising Out of PS. Case No.-365 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Lov Kumar @ Chhotu Kumar Son of Srikant Sharma Resident of VillageSaharjam, P.S.- Itkhori, Distt.- Chatra, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Harnaut (Chero) P.S. Case No. 365 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, 978.9 liters liquor was recovered from pick-up vehicle 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. Learned counsel

Patna High Court CR. MISC. No.81531 of 2024(2) dt.02-12-2024 2/2 for the petitioner further submits that the petitioner is not the owner of the vehicle in question. The petitioner is in custody since 15.09.2024 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 Harnaut (Chero) P.S. Case No. 365 of 2024.

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