Patna High CourtCR. MISC./17644/2024bail granted

Munna Yadav v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17644 of 2024 Arising Out of PS. Case No.-259 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Munna Yadav Son of Lalbabu Yadav Resident of Village- Maduwaha, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balgovind Sharma, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nautan P.S. Case No. 259 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 69.120 liters liquor was recovered from motorcycle.

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 petitioner is not owner of the motorcycle which has been

Patna High Court CR. MISC. No.17644 of 2024(2) dt.11-03-2024 2/2 recovered on front of the house of the petitioner. The petitioner is in custody since 10.01.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 22.08.2023 passed in Cr. Misc. No. 53515 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 Nautan P.S. Case No. 259 of 2021.

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