Patna High CourtCR. MISC./86599/2024bail granted

Kamlesh Kumar v. The State Of Bihar

2024-12-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86599 of 2024 Arising Out of PS. Case No.-508 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Kamlesh Kumar S/o- Jogendra Pandit @ Yogendra Pandit Resident of villageLalbegiya PS- Chiraiya District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard Mr. Karandeep Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Mufasil P.S. Case No. 508 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, 44 liters liquor was recovered from E-rickshaw and the petitioner was apprehended on 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 recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.86599 of 2024(2) dt.18-12-2024 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner is neither owner nor driver of the said vehicle in question, rather he was a passenger of the E-rickshaw and had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 21.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mufasil P.S. Case No. 508 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T