Patna High CourtCR. MISC./12388/2024bail granted

Pappu 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.12388 of 2024 Arising Out of PS. Case No.-304 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Pappu Kumar Yadav S/O Jivachhaprasad Yadav @ Jivachh Prasad Yadav @ Jiwachh Yadav R/O Village- Murli, P.S- Phulparas, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, 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 Laukahi (Narahiya O.P.) P.S. Case No. 304 of 2023 (G.R. No. 844 of 2023), instituted for the offences punishable under Sections 272, 273, 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, 216 liters liquor was recovered from one car and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.12388 of 2024(2) dt.26-02-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is not the owner of the seized car. The petitioner is in custody since 22.11.2023 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 Laukahi (Narahiya O.P.) P.S. Case No. 304 of 2023 (G.R. No. 844 of 2023). (Rudra Prakash Mishra, J) Rajorshi/- U T