Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83401 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- Jaitpur District- Muzaffarpur ====================================================== Prince Kumar S/o- Virendra Sah Village- Rampur Kesho @ Malahi PS- Paroo District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jaitpur PS Case No. 126 of 2024 instituted for the offences under Sections 274, 275/3(5) of B.N.S and 30(a), 32(ii), 32(iii)/36 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 1117.53 litres of foreign liquor was recovered from three vehicle. 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 apprehended co-accused persons disclosed the name of the

Patna High Court CR. MISC. No.83401 of 2024(2) dt.05-12-2024 2/2 petitioner. The seized vehicles in question do not belong to the petitioner. The petitioner is in custody since 17.10.2024 and has got one criminal antecedent 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 Jaitpur PS Case No. 126 of 2024.

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