Patna High CourtCR. MISC./90334/2024bail granted

Vijay Kumar v. The State Of Bihar

2025-01-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90334 of 2024 Arising Out of PS. Case No.-525 Year-2024 Thana- RAJAON District- Banka ====================================================== Vijay Kumar Son of Gunilal Rai Resident of Village- Mishraulia, Police Station -Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajoun (Nawada Bazar O.P.) P.S. case No. 525 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 105 liters liquor was recovered from car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to dirty local politics. No incriminating material has been recovered from the

Patna High Court CR. MISC. No.90334 of 2024(2) dt.18-01-2025 2/3 conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the petitioner is driver of the car and he had no knowledge regarding the nature of goods kept in the car. The petitioner is not the owner of the car in question. The petitioner is in custody since 25.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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 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 Rajoun (Nawada Bazar O.P.) P.S. case No. 525 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.90334 of 2024(2) dt.18-01-2025 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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