Allowed¶7

Rakesh Kumar v. The State of Bihar

Bail – Patna High Court

Patna HC27 Jun 2024CR. MISC./44736/2024

Download

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.44736 of 2024, decided 27-06-2024 by Justice Rudra Prakash Mishra. Bail application by Rakesh Kumar in Jaynagar P.S. Case No. 105 of 2024 (District Madhubani) under Sections 272, 273, 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, involving alleged recovery of 150 litres of liquor from a motorcycle. Defence pleaded innocence, absence of conscious possession, no criminal antecedent, custody since 04.04.2024 and non-compliance of Section 100 Cr.P.C.; learned APP opposed. Bail allowed: bonds of Rs.10,000/- with two like sureties.

What did the court decide?

Bail granted - release on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below in connection with Jaynagar P.S. Case No. 105 of 2024. ¶7

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44736 of 2024

¶2

Arising Out of PS. Case No.-105 Year-2024 Thana- JAYNAGAR District- Madhubani

¶3

======================================================

¶4

Rakesh Kumar S/O Radheshyam Yadav Resident of Village-Chhaparadhi, Ward No.- 02,Kaudh Police Station-Jaynagar, Distt-Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr.Bhavesh Sah, Advocate For the Opposite Party/s : Mrs.Pushpa Sinha, APP ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶12

ORAL ORDER

¶13

2 27-06-2024

¶14

Heard learned counsel for the petitioner and learned

¶15

APP for the State.

¶16

The petitioner seeks bail in Jaynagar P.S. case No. 105 of 2024 instituted for the offences under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

¶17

The prosecution case, in short, is that 150 liters liquor was recovered from the motorcycle and the petitioner is arrested on spot.

¶18

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

¶19

Patna High Court CR. MISC. No.44736 of 2024(2) dt.27-06-2024 2/2

¶20

has got no concern with either the alleged recovery of liquor or the motorcycle. The petitioner is in custody since 04.04.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

¶21

Learned A.P.P. for the State has vehemently

¶22

opposed the prayer for grant of bail to the petitioner.

¶23

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.

¶24

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 Jaynagar P.S. case No. 105 of 2024.

¶25

(Rudra Prakash Mishra, J)

¶26

Pankaj/-

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ram Babu Rai Vs The State of Bihar

Ram Kripal Mahto Vs The State of Bihar

Pawan Singh Vs the State of Bihar

Anil Singh @ Anil Kumar Singh @ Vivek Kumar Singh Vs The State of Bihar

Hazi Ansari Vs The State of Bihar

Santosh Rajbanshi Vs The State of Bihar