Patna High CourtCR. MISC./18775/2024bail granted

Munna Yadav v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18775 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Munna Yadav son of Bhagau Yadav Village- Srinagar Singahi Mashan Dhab PS- Srinagar District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Srinagar P.S. Case No. 159 of 2023 instituted for the offences under Sections 272, 273, 420, 467, 468, 471, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered altogether 1486.08 liters illegal liquor was recovered from two vehicles.

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

Patna High Court CR. MISC. No.18775 of 2024(3) dt.19-04-2024 2/3 merely on suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner and merely on the basis of confessional statement of the co-accused Bhim Yadav, he has been dragged in this case. The petitioner was neither apprehended from the place of occurrence nor anything has been recovered from his possession. The petitioner has no cncern with the seized liquor or the vehicles, in question. The petitioner has four criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 10.01.2024.

5. Learned counsel for the petitioner again submits that the co-accused Bhim Yadav has been granted bail by this Court vide order dated 20.03.2024 passed in Cr. Misc. No. 21954 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the co-accused having been granted bail by this Court, let the petitioner, abovenamed, be released on bail, on furnishing

Patna High Court CR. MISC. No.18775 of 2024(3) dt.19-04-2024 3/3 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 Srinagar P.S. Case No. 159 of 2023 .

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