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Patna High CourtCR. MISC./2121/2025bail granted

Shravan Kumar v. The State Of Bihar

2025-01-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2121 of 2025 Arising Out of PS. Case No.-1591 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Shravan Kumar S/O Dilip Ram R/O Vill.- Adalipur, P.S.- Neura, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Phulwari Sharif (Janipur) PS Case No. 1591 of 2024 arising out of Special Case No. 1446 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 130 liquor was recovered from C.N.G. Tempo.

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 cum driver of the seized vehicle and he has no knowledge regarding the nature of goods laden in the

Patna High Court CR. MISC. No.2121 of 2025(2) dt.22-01-2025 2/2 vehicle. The petitioner is in custody since 18.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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 Phulwari Sharif (Janipur) PS Case No. 1591 of 2024 arising out of Special Case No. 1446 of 2024..

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