Basist Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90050 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Basist Kumar Son of Lakin Ray Resident of Village- Naya Tola, Sabnima, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Athmalgola PS Case No. 129 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 100 litres of country made liquor was recovered from motorcycle. 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 petitioner is the owner of the motorcycle. The petitioner is in custody since 04.12.2024 and has got no criminal antecedent.

Patna High Court CR. MISC. No.90050 of 2024(2) dt.16-01-2025 2/2 There is no compliance of Section 100 of Cr.P.C. 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 Athmalgola PS Case No. 129 of 2024.

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