Patna High CourtCR. MISC./86132/2024bail granted

Kailash Kumar v. The State Of Bihar

2024-12-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86132 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- SINDHIYA District- Samastipur ====================================================== Kailash Kumar Son of Dayaram Paswan Resident of Village - Dhenudih, P.S. - Singhiya, District - Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shinghiya P.S. Case No. 173 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 91.06 litres of liquor has been recovered from Auto.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is the owner and driver of the vehicle but he had

Patna High Court CR. MISC. No.86132 of 2024(2) dt.10-12-2024 2/2 no knowledge regarding the luggage of the passenger in which the alleged liquor was found. The petitioner is in custody since 25.09.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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 as also 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shinghiya P.S. Case No. 173 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T