Patna High CourtCR. MISC./32378/2024bail granted

Shyamdeo Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32378 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== Shyamdeo Kumar S/o Ravindra Yadav Resident of Village - Mocharak, P.S. - Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, 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 Sindhugarh P.S. Case No. 6 of 2024 instituted for the offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act and Sections 2(ra) & 2(kha) and 18 of Bihar Mahua Flower Rules.

3. The prosecution case, in short, is that 350 liters of country made liquor and 120 kg mahua flower were recovered from four motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is neither owner of the said motorcycles

Patna High Court CR. MISC. No.32378 of 2024(2) dt.30-04-2024 2/2 nor has he any concern with the same. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 12.03.2024 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 petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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 Sindhugarh P.S. Case No. 6 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U