Patna High CourtCR. MISC./33334/2024bail granted

Satyendra Yadav @ Satyendra 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.33334 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Satyendra Yadav @ Satyendra Kumar Yadav Son of Prem Yadav @ Premchand Yadav Residence of Village- Dahabari, Sultanpur, Police StationAndar, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, 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 Raghunathpur P.S. case No. 62 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 144.980 liters liquor was recovered out of which 69.480 liters liquor was recovered from the motorcycle.

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 no concern with the alleged recovery of liquor or the

Patna High Court CR. MISC. No.33334 of 2024(2) dt.30-04-2024 2/2 recovered motorcycle. The petitioner is in custody since 13.03.2024 and has got four criminal antecedents in which he is on bail . There is no compliance of Section 100 of Cr.P.C. Coaccused has been granted bail by this Bench vide order dated 18.04.2024 passed in Cr. Misc. No.28698 of 2024.

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, the period of custody undergone by the petitioner and the claim based on parity, 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 Raghunathpur P.S. case No. 62 of 2024.

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