Patna High CourtCR. MISC./22422/2024bail granted

Munna Yadav @ Ghanshyam v. The State Of Bihar

2024-04-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22422 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Munna Yadav @ Ghanshyam S/O Basudev Yadav R/O Village- Lasanpur, P.SDagarua, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Dagarua P.S Case No. 56 of 2024 registered for the offence punishable under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 646.92 litres of foreign liquor was recovered from the Scorpio vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The name of the petitioner was sprung up on the basis of confessional statement of the apprehended co-accused persons. No

Patna High Court CR. MISC. No.22422 of 2024(2) dt.02-04-2024 2/2 incriminating article has been recovered from the possession of the petitioner. It is submitted that the petitioner is neither the owner nor the driver of the said vehicle. There is no compliance of Section 100 of the Cr.P.C. The petitioner has clean antecedent. Similarly situated co-accused has already been granted bail by this Court in Cr. Misc. No. 21020 vide order dated 22.03.2024.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Purnea/ concerned court in connection with Dagarua P.S. Case No. 56 of 2024 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

N.K/- (Chandra Prakash Singh, J) T