Patna High CourtCR. MISC./25603/2024bail granted

Sanjay Yadav @ Sanjay Prasad v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25603 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== SANJAY YADAV @ SANJAY PRASAD SON OF BUNDI YADAV RESIDENT OF VILLAGE- NAGARBATRI, HATHOCHAK, PS- RAJAULI, DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajauli P.S. Case No. 08 of 2024 instituted for the offences punishable under Sections 30(a) 30(d), 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 195 liters of liquor and three motorcycles were recovered from an open place.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.25603 of 2024(2) dt.04-04-2024 2/2 conscious possession of the petitioner rather it has been recovered from an open place of forest area. Learned counsel further submitted that neither the petitioner was apprehended on the spot nor vehicles in question belong to him. The petitioner is in custody since 27.02.2024, and has two criminal antecedents. 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, 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 Rajauli P.S. Case No. 08 of 2024.

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