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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49117 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- FULKAHA District- Araria ====================================================== Pintu Kumar Yadav @ Pintu Yadav Son Of Kalanand Yadav VillageManikpur, P.S.- Fulkaha, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Fulkaha P.S. case No. 57 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, 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. The name of the petitioner has transpired on the basis of disclosure made by local Chowkidar. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern

Patna High Court CR. MISC. No.49117 of 2024(2) dt.19-07-2024 2/2 with the alleged recovery of liquor. It is further submitted that the motorcycles from which recovery is made do not belong to the petitioner. The petitioner has got four criminal antecedents out of which two of same is of similar nature. 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. He submits that the petitioner is named in the F.I.R.

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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Fulkaha P.S. case No. 57 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T