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2025 DAILYLAW 90504 (PAT)

Aman Kumar @ Tinku @ Tiku v. The State of Bihar

CR. MISC./1488/2025 · 2025-01-21

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1488 of 2025 Arising Out of PS. Case No.-54 Year-2024 Thana- BANGARA District- Samastipur ====================================================== Aman Kumar @ Tinku @ Tiku Son of Shatrughan Prasad Sah @ Shatrughan Sah @ Shri Shatrughan Saah @ Shatrudhan Saah Resident of Village / Mohalla - Kaira, P.S. - Vaini, District – Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Bangra P.S. case No. 54 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 14.250 liters liquor was recovered from bathan kept in 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 further submitted that motorcycle in question does not belong to the petitioner. The local people disclosed the name of the petitioner. The petitioner is in custody since 26.09.2024 and has Patna High Court CR. MISC. No.1488 of 2025(2) dt.21-01-2025 2/2 got three criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. 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 Bangra P.S. case No. 54 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Pankaj/- (Rudra Prakash Mishra, J) U T