Jhaman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87202 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Jhaman Kumar Son Of Mangani Sah Resident Of Village - Darogatola, P.S.- Banjariya, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhandev Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, 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 Banjariya PS Case No. 288 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5), 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 3.750 liters foreign liquor was recovered from motorcycle. Petitioner was arrested on the 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

Patna High Court CR. MISC. No.87202 of 2024(2) dt.19-12-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 09-10-2024 and has got no criminal antecedent. There is no compliance of Section 103 of BNSS, 2023. 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banjariya PS Case No. 288 of 2024.

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