Patna High CourtCR. MISC./42829/2024bail granted

Sithal Yadav @ Shivtahal 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. 42829 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Sithal Yadav @ Shivtahal Yadav Son Of Sita Ram Yadav R/O- Village- Anar, Ward No. 14, P.S.- Bihiya, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== 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 Excise P.S. Case No. 62 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 120 liters of liquor was recovered from a bush.

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 and the place of occurrence is a joint house property of the petitioner where other family

Patna High Court CR. MISC. No. 42829 of 2024(2) dt.24-06-2024 2/2 members reside. The petitioner is in custody since 24.03.2024 and has no criminal antecedent. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 08.04.2024 passed in Cr. Misc. No. 26672 of 2024. Petitioner has no knowledge regarding the alleged occurrence. 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 Excise P.S. Case No. 62 of 2024.

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