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Patna High CourtCR. MISC./85990/2024bail granted

Vishal Kumar v. The State Of Bihar

2024-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85990 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== Vishal Kumar Son of Rakesh Singh @ Rakesh Kumar Singh Resident of Village - Chandrahati, P.S. - Kudhani, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Kudhani P.S. Case no.190 of 2024 registered for the offence punishable under sections 274 and 275 of the Bharatiya Nyaya Sanhita and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 13.84 litres of IMFL was recovered from the bathan of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession or from his bathan. He has been falsely implicated in the case by the Choukidar for oblique reasons. He has no criminal antecedent.

5. The application for bail is opposed by learned

Patna High Court CR. MISC. No.85990 of 2024(2) dt.20-12-2024 2/2 A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kudhani P.S. Case no.190 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur, (Partha Sarthy, J) Saurabh/- U T