Patna High CourtCR. MISC./30995/2024bail granted

Mukesh Yadav v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30995 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Mukesh Yadav Son of Surendra Yadav Resident of Village- Muda, P.S.- Siwan Muffasil, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amritesh Kr. Singh with Mr. Syed Ashgar Nazmi, Advocates.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 39 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 302.400 liters of illegal foreign liquor from a pick-up, 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. Petitioner has no concern either with the seized vehicle or with the alleged recovery of liquor. No incriminating article has been

Patna High Court CR. MISC. No.30995 of 2024(2) dt.23-04-2024 2/2 recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case. On the basis of suspicion, petitioner has been implicated in the present case. The petitioner is in custody since 22.02.2024 and has no criminal antecedent.

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 as well as 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 Gopalpur P.S. Case No. 39 of 2024.

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