Patna High CourtCR. MISC./23689/2024bail granted

Bablu Yadav @ Bablu Yadaw v. The State Of Bihar

2024-03-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23689 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Bablu Yadav @ Bablu Yadaw Son of Sesnath Yadav Resident of VillageSuryapur, P.S.- Srinagar, Dist.- West Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishabh Mishra, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024

1. 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. 136 of 2023 instituted for the offences punishable under Sections 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 99 litres of illicit liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.

Patna High Court CR. MISC. No.23689 of 2024(2) dt.20-03-2024 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 22.12.2023 and has no criminal antecedent. There is no compliance of Section 100 of the 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, clean antecedent 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 Court in connection with Srinagar P.S. Case No. 136 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T