Mohan Kumar @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83552 of 2024 Arising Out of PS. Case No.-412 Year-2024 Thana- JHAJHA District- Jamui ====================================================== Mohan Kumar @ Murari Kumar S/O Ganpati Yadav R/O Village- Tulsi Tola Paharpur, Ward No 4, P.S- Baliya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jhajha PS Case No. 412 of 2024 instituted for the offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 245.25 litres of liquor was recovered from two Scorpio.

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 petitioner is neither the owner nor the driver of the seized vehicle. The petitioner is in custody since 17.09.2024 and has

Patna High Court CR. MISC. No.83552 of 2024(2) dt.06-12-2024 2/2 got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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 Jhajha PS Case No. 412 of 2024.

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