Allowed¶21

Rajesh Kumar v. The State of Bihar

BAIL – Section 30(a), Bihar Prohibition and Excise Act

Patna HC13 Mar 2024CR. MISC./18814/2024

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What is this about?

Patna High Court; Criminal Miscellaneous No.18814 of 2024; decided 13-03-2024; Rudra Prakash Mishra, J; bail granted; Section 30(a) Bihar Prohibition and Excise Act; Section 100 Cr.P.C. compliance raised; Muffasil P.S. Case No. 04 of 2024, Nawada; recovery of 300 liters liquor from car; petitioner apprehended on spot; petitioner driver; custody since 07.01.2024; one criminal antecedent on bail; bail bond Rs. 10,000/- with two sureties.

What did the court decide?

Release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Muffasil P.S. Case No. 04 of 2024. ¶21

Rajesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18814 of 2024

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Arising Out of PS. Case No.-4 Year-2024 Thana- NAWADA MUFFASIL District- Nawada

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Rajesh Kumar son of Chalitra Yadav @ Chalitar Prasad Yadav VillageSohada Ps- Rajauli Dist- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 13-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in Muffasil P.S. Case No. 04 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 300 liters liquor was recovered from car and the petitioner was apprehended on spot.

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Learned counsel for the petitioner submits that the petitioner 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 further submitted that

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Patna High Court CR. MISC. No.18814 of 2024(2) dt.13-03-2024 2/2

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petitioner is driver of the car and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 07.01.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 04 of 2024.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Rajesh Kumar v. The State of Bihar

Case brief

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Rajesh Kumar v. The State of Bihar

Case brief

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