Patna High CourtCR. MISC./5879/2024bail granted

Satesh Kumar @ Satesh Yadav v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5879 of 2024 Arising Out of PS. Case No.-1053 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Satesh Kumar @ Satesh Yadav, Son Of Raman Yadav, Resident Of VillageBhainsakhal, Ps- Zeradei, Dist- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the State :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Siwan Excise P.S. Case No. 1053 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 333 liters of illegal country-made liquor from a vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this 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 and there is no compliance of Section 100 of Cr.P.C. The petitioner is in custody since

Patna High Court CR. MISC. No.5879 of 2024(3) dt.04-04-2024 2/2 04.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, petitioner having no criminal antecedent as well as the period of custody undergone by him, 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 Siwan Excise P.S. Case No. 1053 of 2023.

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