Patna High CourtCR. MISC./49732/2024bail granted

Nagendra Yadav v. The State Of Bihar

2024-07-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49732 of 2024 Arising Out of PS. Case No.-651 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Nagendra Yadav son of Indrasan Yadav Village- Sarawe Ps- Siwan Muffasil Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, 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 Siwan Muffasil P.S. case No. 651 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 495 liters liquor was recovered from the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got one criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired on the basis of secret information.

Patna High Court CR. MISC. No.49732 of 2024(2) dt.19-07-2024 2/2 The petitioner has got no knowledge and concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither the driver nor the owner of the car in question. 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 Siwan Muffasil P.S. case No. 651 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T