Patna High CourtCR. MISC./29281/2024bail granted

Sunil Kumar Yadav v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29281 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Sunil Kumar Yadav S/o Rajendra Chaudhary @ Rajendra Yadav Resident of Village- Kumhti Bhitauli, P.S- Darauli, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Shrivastava, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Raghunathpur P.S. Case No. 26 of 2024, instituted for the offences punishable under Sections 414, 279, 337, 338 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 252 liters liquor was recovered from Bolero 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 the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.29281 of 2024(2) dt.19-04-2024 2/2 no concern with the alleged recovery of liquor. The petitioner is in custody since 05.02.2024 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 Raghunathpur P.S. Case No. 26 of 2024.

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