Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84944 of 2024 Arising Out of PS. Case No.-829 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Birendra Kumar S/O Bali Ram Prasad @ Balaram Prasad R/O Vill.- Sukho Bigha, P.S.- Wazirganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Wazirganj PS Case No. 829 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 400 litres of country made liquor was recovered from two motorcycles and 2000 litres of soaked Jawa Mahua destroyed at 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

Patna High Court CR. MISC. No.84944 of 2024(2) dt.16-12-2024 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycles in question do not belong to the petitioner. The petitioner is in custody since 05.11.2024 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 Wazirganj PS Case No. 829 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.84944 of 2024(2) dt.16-12-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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