Patna High CourtCR. MISC./41768/2024bail granted

Vicky Kumar @ Vicky Yadav v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41768 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- TANKUPPA District- Gaya ====================================================== Vicky Kumar @ Vicky Yadav Son Of Suresh Prasad Yadav @ Suresh Yadav Resident Of Village - Aandhusumani, Mokari Aropur, P.S. - Tankuppa, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tankuppa P.S. Case No. 19 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 80 liters of liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has come into light on the basis of disclosure made by local chaukidar, which has got no evidentiary value in the eyes of law. No incriminating article has

Patna High Court CR. MISC. No.41768 of 2024(2) dt.19-06-2024 2/2 been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner has no concern with the alleged vehicle in question. The petitioner is in custody since 20.04.2024 and has two criminal antecedents. 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 Tankuppa P.S. Case No. 19 of 2024.

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