Patna High CourtCR. MISC./14941/2024bail granted

Sanju Yadav v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14941 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Sanju Yadav Son of Jayram Yadav Resident of Village- Bikrampur, Police Station- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gopalpur P.S. Case No. 295 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, 153 liters liquor was recovered from two motorcycles out of which 81 liters liquor was recovered from the motorcycle of the petitioner and he was apprehended on spot.

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

Patna High Court CR. MISC. No.14941 of 2024(2) dt.04-03-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is not the owner of the seized motorcycle. The petitioner is in custody since 09.12.2023 and has got one criminal antecedent in which he 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 Gopalpur P.S. Case No. 295 of 2023.

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