Patna High CourtCR. MISC./12649/2024bail granted

Mukesh Yadav v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12649 of 2024 Arising Out of PS. Case No.-532 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== 1.

Mukesh Yadav Son of Ramayan Yadav Village- Rampur Kala Ps- Kateya Dist- Gopalganj 2.

Manoj Yadav Son of Late Baldev Yadav Village- Rampur Kala Ps- Kateya Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Kateya P.S. Case No. 532 of 2023, instituted for the offences punishable under Section 30(a)of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 63 liters liquor was recovered from one motorcycle and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no

Patna High Court CR. MISC. No.12649 of 2024(2) dt.27-02-2024 2/2 concern with the alleged recovery of liquor. It is further submitted that the motorcycle belongs to the petitioner no. 1 The petitioners are in custody since 24.12.2023 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioner.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kateya P.S. Case No. 532 of 2023.

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