Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85067 of 2024 Arising Out of PS. Case No.-412 Year-2024 Thana- JHAJHA District- Jamui ====================================================== 1.

Amit Kumar Son of Ganga Mahto Resident of Village- Panchveer, P.S.- Sahebpur kamal, Distt.- Begusarai 2.

Ranjit Kumar @ Ranjeet Kumar Son of Bideshi Yadav Resident of VillageTulsi Tola, Paharpur, P.S.- Baliya, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek 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 total 245.25 litres of foreign liquor was recovered from two Scorpio Cars. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioners are neither the owner nor the driver of

Patna High Court CR. MISC. No.85067 of 2024(2) dt.09-12-2024 2/2 the seized vehicles. The petitioners are in custody since 17.09.2024 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners 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