Patna High CourtCR. MISC./34968/2024bail granted

Sonu Kumar Yadav @ Sonu Kumar v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34968 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Sonu Kumar Yadav @ Sonu Kumar Son of Basudev Prasad Yadav Resident - Gurahatta, Patna City, P.S.- Khajekala, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seek bail in Gaurichak P.S. Case No. 124 of 2024, instituted for the offences punishable under Sections 30(a), 30(c), 32(1), 32(2), 32(3), 33 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 210 liters liquor was recovered from pick-up vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. His name has transpired on the confessional statement of co-accused. He is neither concerned with the said vehicle nor has he any concern with the alleged recovery. No

Patna High Court CR. MISC. No.34968 of 2024(2) dt.07-05-2024 2/2 incriminating material have been recovered from the conscious possession of the petitioner. The petitioner is in custody since 04.04.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 124 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U