Patna High CourtCR. MISC./10180/2024bail granted

Laxmi Yadav v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10180 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Laxmi Yadav S/o Shivji Yadav R/o Vill. - Belatol, P.S. - Harlakhi, Dist. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 1723 of 2023 (arising out of Basopatti P.S. Case no. 266 of 2023) instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that a total of 270 liters liquor was recovered from three 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. The petitioner is in custody since 28.11.2023 and has got

Patna High Court CR. MISC. No.10180 of 2024(2) dt.21-02-2024 2/2 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, clean criminal antecedent of the petitioner 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 G.R. No. 1723 of 2023 (arising out of Basopatti P.S. Case No. 266 of 2023). (Rudra Prakash Mishra, J) Prakash/- U