Patna High CourtCR. MISC./6404/2024bail granted

Niraj Yadav v. The State Of Bihar

2024-02-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6404 of 2024 Arising Out of PS. Case No.-957 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Niraj Yadav S/O Ashok Yadav R/O Village- Bhaluhipur, P.S- Ara Nagar, Distt.- Bhojpur.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar , Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ara Nagar P.S. case No. 957 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 120 liters country made liquor was recovered by the police near the temple.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village politics. The petitioner was not apprehended at the spot. The petitioner has got no concerned with the alleged recovery of liquor. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.6404 of 2024(2) dt.15-02-2024 2/2 conscious possession of the petitioner. The petitioner is in custody since 12.12.2023 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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 Ara Nagar P.S. case No. 957 of 2023.

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