Patna High CourtCR. MISC./6985/2024bail granted

Sachin Kumar v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6985 of 2024 Arising Out of PS. Case No.-495 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Sachin Kumar S/O Dashrath Sahni R/O Village- Charkoria (TELIA), P.SKudhni, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Matloob Rab, 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 Kudhni (Turki) P.S. case No. 495 of 2022 instituted for the offences under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that on secret information, the police recovered 200.740 liters of liquor from different vehicles from the open field.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner

Patna High Court CR. MISC. No.6985 of 2024(2) dt.13-02-2024 2/2 has got no concerned with the alleged recovery of liquor. The petitioner is in custody since 26.11.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 86608 of 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, the period of custody undergone by the petitioner and the fact that co-accused has been granted anticipatory bail by a Coordinate Bench of this Court, 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 Kudhni (Turki) P.S. case No. 495 of 2022.

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