Patna High CourtCR. MISC./44557/2024bail granted

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

2024-06-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44557 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- FULKAHA District- Araria ====================================================== Pawan Yadav @ Pawan Kumar Yadav Son Of Chanar Yadav @ Chandar Yadav @ Chandardeo Yadav Resident Of Village - Manikpur, P.S.- Fulkaha, District- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate Ms. Tooba Hera, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, 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 seeks bail in Fulkaha P.S. case No. 57 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 57 liters liquor was recovered from two motorcycles.

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

Patna High Court CR. MISC. No.44557 of 2024(2) dt.26-06-2024 2/3 further submitted that the petitioner was not arrested on spot. The name of the petitioner has transpired on the basis of disclosure made by local Chowkidar. The petitioner is not the owner of the vehicles in question. The petitioner is in custody since 28.04.2024 and has got nine criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Fulkaha P.S. case No. 57 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.44557 of 2024(2) dt.26-06-2024 3/3 (III) If the petitioner commits similar type of offence in future, the Trial Court will be at liberty to cancel the bail bonds of the petitioner.

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