Patna High CourtCR. MISC./44402/2024bail granted

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

2024-06-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44402 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- GARHI District- Jamui ====================================================== Ajay Yadav @ Ajay Kumar Yadav Son of Naresh Yadav R/O Vill.- Ketaribank, P.S.- Garhi, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Garhi P.S. Case No. 26 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 200 liters of liquor was recovered from an open field.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery has been made from an open place which is

Patna High Court CR. MISC. No.44402 of 2024(2) dt.24-06-2024 2/2 accessible to public at large and petitioner is not the owner of the field. The petitioner is in custody since 25.04.2024 and has one criminal antecedent. Petitioner has no knowledge regarding the alleged occurrence. It is next submitted that the other coaccused has already been granted regular bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 38082 of 2024. There is no compliance of Section 100 of the 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 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 Garhi P.S. Case No. 26 of 2024.

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