Patna High CourtCR. MISC./43382/2024bail granted

Ram Yadav v. The State Of Bihar

2024-06-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43382 of 2024 Arising Out of PS. Case No.-463 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Ram Yadav S/O Hari Kishore Yadav R/O Village-Raghaipura,P.S.- Bahadurpur,Distt-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Bahadurpur P.S. Case No. 463 of 2023, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 168 liters liquor was recovered beneath water hyacinth.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the alleged recovery has been

Patna High Court CR. MISC. No.43382 of 2024(2) dt.26-06-2024 2/2 made from an open place which is accessible to public at large. Name of the petitioner has transpired on the basis of disclosure made by local people. The petitioner has got one 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, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Bahadurpur P.S. Case No. 463 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T