Abhishek Kumar @ Abhishek Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28731 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Abhishek Kumar @ Abhishek Yadav S/o- Umesh Yadav Vill- Raima, Ward n 11, Ps- Saharghat, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagjit Roshan, Advocate For the Opposite Party/s :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Shaharghat P.S. Case No. 47 of 2023, G.R. No. 534 of 2023, instituted for the offences punishable under Sections 272, 273, 414, 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, 243 liters liquor was recovered from Scorpio car.
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.28731 of 2024(2) dt.18-04-2024 2/3 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither driver nor owner of the seized vehicle in question and name of the petitioner has transpired on the basis of secret information received by the police. The petitioner is in custody since 11.02.2024 and has got three criminal antecedents in which the petitioner is on bail in two cases. 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 Shaharghat P.S. Case No. 47 of 2023, G.R. No. 534 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.28731 of 2024(2) dt.18-04-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T