Patna High CourtCR. MISC./13378/2024bail granted

Mahendra Yadav v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13378 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== Mahendra Yadav S/O Anuj Yadav @ Anas Yadav @ Bishu Yadav @ Anaj Yadav R/O Village- Lohsinghna, P.S.- Akbarpur, Dist.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Akbarpur P.S. Case No. 492 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, 421 liters liquor was recovered from four motorcycles.

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 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that petitioner is not

Patna High Court CR. MISC. No.13378 of 2024(2) dt.28-02-2024 2/2 owner of any of the seized motorcycles. The petitioner is in custody since 09.12.2023 and has got two criminal antecedents in which the petitioner is on bail. 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 Akbarpur P.S. Case No. 492 of 2023.

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