Patna High CourtCR. MISC./7013/2024bail granted

Pawan Kumar @ Pawan Yadav v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7013 of 2024 Arising Out of PS. Case No.-461 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Pawan Kumar @ Pawan Yadav Son Of Sri Ramchandra Yadav Resident Of Village- Keshopur, Ps- Rafiganj, Dist- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rafiganj P.S. case No. 461 of 2022 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that on secret information, total 64.08 liters wine has been recovered by the police near a drain.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is alleged that total 64.08 liters liquor has been recovered in this case. The petitioner has got no concerned with the alleged recovery of liquor. The alleged recovery is made from an open

Patna High Court CR. MISC. No.7013 of 2024(2) dt.13-02-2024 2/2 field near railway line. The petitioner is in custody since 19.12.2023 and has got two criminal antecedents in which he is on bail. 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 Rafiganj P.S. case No. 461 of 2022.

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