Patna High CourtCR. MISC./13294/2024bail granted

Rahul Kumar Yadav @ Mukhiya v. The State Of Bihar

2024-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13294 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Rahul Kumar Yadav @ Mukhiya, S/o Yadav Lal Yadav @ Yado Lal Yadav R/o vill - Rampur Madho, P.s. - Kuchaikote, Distt. - Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act and Section 414 of the I.P.C.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 108 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated at the instance of local people, but then, the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R.,

Patna High Court CR. MISC. No.13294 of 2024(2) dt.06-03-2024 2/2 which cast an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeIV-cum-Exclusive Special Excise Court No.II, Gopalganj in connection with Vishambharpur P. S. Case No.184 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T