Patna High CourtCR. MISC./12141/2024bail granted

Mister Kumar Yadav v. The State Of Bihar

2024-02-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12141 of 2024 Arising Out of PS. Case No.-477 Year-2023 Thana- BAISI District- Purnia ====================================================== Mister Kumar Yadav S/O Sarabjeet Yadav R/O Village- Asja Mobaiya, Tarabari, P.S- Baisi, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rounak Kumar Singh Pankaj, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Baisi P.S. Case No 477 of 2023, instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code, Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 29.950 liters liquor was recovered from motorcycle and driver of the motorcycle fled away.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.12141 of 2024(2) dt.26-02-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner was not apprehended on spot and the petitioner is not named in the F.I.R. The name of the petitioner transpired due to the recovery of his mobile phone from the seized motorcycle. The petitioner is in custody since 20.12.2023 and has 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baisi P.S. Case No 477 of 2023.

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