Patna High CourtCR. MISC./7739/2024bail granted

Rajeev Kumar @ Rajiv Kumar v. The State Of Bihar

2024-02-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7739 of 2024 Arising Out of PS. Case No.-2040 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Rajeev Kumar @ Rajiv Kumar S/o- Rampati Prasad R/O - Village - Gurua Paluwara, P.s. - Gurua, Dist - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. case No. 2040/23 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 126 liters liquor is recovered from a car.

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 has got no concerned with the alleged recovery of liquor. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is in custody since

Patna High Court CR. MISC. No.7739 of 2024(2) dt.15-02-2024 2/2 27.11.2023 and has got no criminal antecedent. 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 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 Excise P.S. case No. 2040/23.

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