Vikash Kumar Ran @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82463 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- GHURNA District- Araria ====================================================== 1.
Vikash Kumar Ran @ Vikash Kumar Son of Mahesh Ran Resident of Village - Bishanpur Choudhari, Ward No. 03, P.S. - Balua Bazar, District - Supaul 2.
Anil Mandal @ Anil Kumar Mandal @ Anil Kr. Mandal Son of Laxman Mandal Resident of Village - Bishanpur, Ward No. 06, P.S. - Balua Bazar, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned APP for the State.
2.
The petitioners seek bail in connection with Ghurna PS Case No. 50 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 total 369.600 litres of Nepali liquor was recovered from the Car. 4.
Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.82463 of 2024(2) dt.04-12-2024 2/2 submitted that petitioner no. 1 is the driver and petitioner no. 2 is the co-driver of the said vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 24.09.2024 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 petitioners. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7.
Let the petitioners 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 Ghurna PS Case No. 50 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T