Jugesh Kumar @ Jogesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7526 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== Jugesh Kumar @ Jogesh Kumar S/o Late Shambhu Paswan Resident of Vill.- Jolah Bigha, P.S. Imamganj, Dist. - Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Imamganj P.S. Case No. 256 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution story, in short, is that total 227.130 litres foreign liquor was recovered from Scorpio vehicle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot. The name of the petitioner came into light on the basis of confessional statement of the co-accused, Gautam Kumar, who apprehended on the spot. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. Learned counsel further submitted that petitioner has no concern with the vehicle from which the alleged recovery has

Patna High Court CR. MISC. No.7526 of 2024(2) dt.13-02-2024 2/2 been made and he is not the owner of the vehicle in question. There is no compliance of Section 100 of the Cr.P.C. The coaccused person, Gautam Kumar, who was apprehended on the spot, has already been granted bail by a Coordinate Bench of this Court vide order dated 04.01.2024 passed in Cr. Misc. No. 81840 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.11.2023 and has no criminal antecedent.

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 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 Imamganj P.S. Case No. 256 of 2023.

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