Patna High CourtCR. MISC./8436/2024bail granted

Atal Yadav v. The State Of Bihar

2024-02-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8436 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Atal Yadav Son of Service Yadav @ Mithlesh Yadav Resident of villageSedha, P.S.-Tarari, Distt.-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Tarari P.S. case No.220 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 60 liters mahua liquor was recovered from the bags.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. No incriminating material has been recovered from the conscious possession of the petitioner. The Scooty in question from which the said liquor was carried does not belong to the

Patna High Court CR. MISC. No.8436 of 2024(2) dt.17-02-2024 2/2 petitioner. The petitioner is in custody since 18.12.2023 and has got three criminal antecedents. 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 Tarari P.S. case No.220 of 2023.

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