Patna High CourtCR. MISC./16013/2024bail granted

Naresh Yadav v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16013 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Naresh Yadav Son of Judagir Yadav R/o Village- Bhoja Bigha, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 56 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered total 155.52 liter illegal foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has no concern with the seized liquor. There is one criminal appeal being Cr. Appeal (SJ) No. 5003 of 2023 is pending before this Court in which the petitioner has been

Patna High Court CR. MISC. No.16013 of 2024(2) dt.06-03-2024 2/2 convicted by the trial court. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 23.01.2024. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 56 of 2024.

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