Patna High CourtCR. MISC./19455/2024bail granted

Lallu Yadav v. The State Of Bihar

2024-03-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19455 of 2024 Arising Out of PS. Case No.-43 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Lallu Yadav Son of Hazari Yadav Resident of Village-Mananpur, Police Station-Kawakole, District-Nawada, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kawakole P.S. Case No. 43 of 2021, instituted for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 50 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

Patna High Court CR. MISC. No.19455 of 2024(2) dt.14-03-2024 2/2 the petitioner is neither owner nor rider of the motorcycle. The petitioner is in custody since 06.12.2023 and has got no criminal antecedent. 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 Kawakole P.S. Case No. 43 of 2021.

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