Patna High CourtCR. MISC./27674/2024bail granted

Devendra Yadav v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27674 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Devendra Yadav Son of Chhatu Yadav Resident of Village- Jogindra Giri Ke Mathia, P.S. Bairiya, District- Balia, State- U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 44 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 69 liters of illegal liquor was recovered from a Car, which was being driven by the petitioner.

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 not the owner of the seized car in question. The

Patna High Court CR. MISC. No.27674 of 2024(2) dt.23-04-2024 2/2 petitioner has got no concern with the alleged recovery of liquor and he has no knowledge regarding the loaded liquor in it. The petitioner is in custody since 28.02.2024 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 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 Excise P.S. Case No. 44 of 2024.

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