Patna High CourtCR. MISC./20988/2024bail granted

Aatindra Yadav v. The State Of Bihar

2024-03-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20988 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Aatindra Yadav Son of Jayprakash Yadav Resident of Village- Hata Kodara, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Adv For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hathua P.S. Case No. 22 of 2024 dated 13.02.2024 instituted for the offences under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 63.00 liters liquor was recovered from the gunny bag which was kept on the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this Case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.20988 of 2024(2) dt.19-03-2024 2/2 possession of the petitioner. The name of the petitioner has transpired in this case only on the basis of the confessional statement of the apprehended person. The petitioner is not the owner of the said vehicle and the same was not being driven by the petitioner at the time of alleged recovery. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Gopalganj, in connection with Hathua P.S. Case No. 22 of 2024.

(Rudra Prakash Mishra, J) Jyoti/ Raj Kishore/- U