Patna High CourtCR. MISC./28008/2024bail granted

Jitesh Kumar Yadav v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28008 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== JITESH KUMAR YADAV SON OF LATE GAJENDRA YADAV RESIDENT OF VILLAGE - MATHIYA KATOLA, P.S. - NAUTAN, DISTRICT - SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 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. 66 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 720 liters of illegal country-made liquor was recovered from different vehicles out of which 126 liters of liquor was recovered from the motorcycle, 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

Patna High Court CR. MISC. No.28008 of 2024(2) dt.10-04-2024 2/2 that petitioner is not the owner of the seized motorcycles in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 08.02.2024 and he 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. 66 of 2024.

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