Prashant Kumar Yadav @ Vikki @ Vikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27869 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Prashant Kumar Yadav @ Vikki @ Vikki Yadav son of Late Bhagwan Prasad Yadav Vill- Narahiya Goth, Ps-Narahiya O P, Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Andhramath P.S. Case No. 15 of 2024, giving rise to G.R. No. 64 of 2024, instituted for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 864 liters liquor was recovered from Scorpio car and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.27869 of 2024(2) dt.09-04-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is co-passenger and neither owner nor driver of the seized vehicle in question. The petitioner has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 28.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Andhramath P.S. Case No. 15 of 2024, giving rise to G.R. No. 64 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T