Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85667 of 2024 Arising Out of PS. Case No.-399 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Vikash Kumar Son of Late Raghubeer Manjhi Resident of Village - Bahadurpur Musahari, P.S. - Bahadurpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2.

The petitioner seeks bail in connection with Bahadurpur PS Case No. 399 of 2023 instituted for the offences under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 150 litres of country made liquor was recovered in this case. 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 petitioner has been implicated in this case due to mohalla

Patna High Court CR. MISC. No.85667 of 2024(2) dt.09-12-2024 2/2 politics. It is further submitted that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 07.10.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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 Bahadurpur PS Case No. 399 of 2023.

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