Patna High CourtCR. MISC./87150/2024bail granted

Sultesh Kumar v. The State Of Bihar

2024-12-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87150 of 2024 Arising Out of PS. Case No.-501 Year-2023 Thana- MANER District- Patna ====================================================== Sultesh Kumar S/O Late Suraj Rai R/O Maudhai, Kateshwar, Ward No- 01, P.S- Bihta, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 2057 of 2023, arising out of Maner P.S. Case No. 501 of 2023 instituted for the offences punishable under Sections30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 280 litres of liquor has been recovered from car.

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. It is further submitted that petitioner

Patna High Court CR. MISC. No.87150 of 2024(2) dt.19-12-2024 2/2 is only the owner of the vehicle in question and had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 04.10.2024 and has one 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 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 2057 of 2023, arising out of Maner P.S. Case No. 501 of 2023.

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