Patna High CourtCR. MISC./32426/2024bail granted

Vipin Kumar Yadav v. The State Of Bihar

2024-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32426 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- BARHARA KOTHI District- Purnia ====================================================== Vipin Kumar Yadav Son Of Umesh Prasad Yadav @ Umesh Yadav Resident Of Village- Aliganj, War, P.S -BARHARA Kothi ,DISTRICT -PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barhara Kothi P.S. Case No. 72 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 109.17 liters liquor was recovered from a hush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The place of recovery belongs to one Ganesh Yadav and the petitioner has been implicated in this case only on suspicion. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.32426 of 2024(2) dt.30-04-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 10.03.2024 and has got antecedent of one criminal case in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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 Barhara Kothi P.S. Case No. 72 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U