Patna High CourtCR. MISC./6409/2024bail granted

Lal Prasad 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.6409 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Lal Prasad Yadav S/O Ram Janam Ray R/O Village- Vishunpurwa, P.SChhauradano, Distt.- East Champaran, Motihari. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar, 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 Chhauradano P.S. case No. 404 of 2023 instituted for the offences under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 41 liters wine is recovered from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concerned with the alleged recovery of liquor. The motorcycle from which the alleged recovery is made does not belong to the petitioner. No incriminating

Patna High Court CR. MISC. No.6409 of 2024(2) dt.15-02-2024 2/2 material has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 27.11.2023 and has got no 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, the period of custody undergone by the petitioner an the petitioner having no criminal antecedent, 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 Chhauradano P.S. case No. 404 of 2023.

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