Patna High CourtCR. MISC./15683/2024bail granted

Dadan Kumar Yadav @ Dadan Yadav v. The State Of Bihar

2024-03-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15683 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Dadan Kumar Yadav @ Dadan Yadav Son of Rajdeo Yadav @ Rajdev Yadav R/o Village- Bhopatpur, P.S.- Kotwa (Bhopatpur O.P.), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kotwa (Bhopatpur O.P.) P.S. Case No. 299 of 2023, instituted for the offences punishable under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 680 liters spirit was recovered from bamboo orchard and poultry farm of co-accused Mithilesh Yadav.

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

Patna High Court CR. MISC. No.15683 of 2024(2) dt.05-03-2024 2/2 with the alleged recovery of liquor. Name of the petitioner was disclosed by chowkidar and villagers. The petitioner is in custody since 29.12.2023 and has got two criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 31.10.2023 passed in Cr. Misc. No. 67548 of 2023. 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 Kotwa (Bhopatpur O.P.) P.S. Case No. 299 of 2023.

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