Chandan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36354 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- SIKTI District- Araria ====================================================== 1.

Chandan Kumar Yadav Son Of Mohan Lal Yadav Village - Dipnagar Barmasia, Ward No. 11, Ps- Sikti, Dist- Araria 2.

Chandan Kumar Mandal Son Of Shyam Lal Mandal Village - Dipnagar Barmasia, Ward No. 11, Ps- Sikti, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sikty PS Case No. 18 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 97.800 liters liquor was recovered from two motorcycle.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The

Patna High Court CR. MISC. No.36354 of 2024(5) dt.13-05-2024 2/2 petitioners are in custody since 24-02-2024 and has got no criminal antecedent. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners 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 Sikty PS Case No. 18 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T