Vishanu Kumar @ Vishnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86856 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Vishanu Kumar @ Vishnu Kumar S/O Nirdhan Mahto Resident Of VillageSalempur Ward No.- 12 Police Station- Musarigharari District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, 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 Musrigharari PS Case No. 163 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 30 litres of foreign liquor was recovered from under construction house. 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 recovery is made from an open place which is accessible to

Patna High Court CR. MISC. No.86856 of 2024(2) dt.19-12-2024 2/2 one and all. The petitioner is in custody since 26.10.2024 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 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 Musrigharari PS Case No. 163 of 2024.

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