Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81252 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Bipin Kumar Son of Arjun Kumar @ Arjun Rai Resident of village -Alampur P.S-Nadi District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nadi PS Case No. 325 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 69 litres of foreign liquor was recovered from the house of the Coaccused Chandan Kumar. 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 recovery is made from the house of co-accused Chandan

Patna High Court CR. MISC. No.81252 of 2024(2) dt.22-11-2024 2/2 kumar and not from the house of this petitioner and the petitioner has no concern with the same. The petitioner is in custody since 06.10.2024 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 petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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 Nadi PS Case No. 325 of 2024.

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