Tuntun Yadav @ Dhiberiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12883 of 2024 Arising Out of PS. Case No.-471 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Tuntun Yadav @ Dhiberiya Son of Late Jamindra Yadav Resident of VillageSanahua Dih, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Harnaut P.S. Case No. 471 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, 165 liters liquor was recovered from one pond.
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 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that name of the petitioner was transpired by the villagers. The
Patna High Court CR. MISC. No.12883 of 2024(2) dt.27-02-2024 2/2 petitioner is in custody since 26.12.2023 and has got one 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 Harnaut P.S. Case No. 471 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T