Patna High CourtCR. MISC./56296/2024bail granted

Upendra Yadav v. The State Of Bihar

2024-08-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 56296 of 2024 Arising Out of PS. Case No.-248 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Upendra Yadav S/O Late Ramratan Yadav R/O Village- Khairtwa, P.SKuchaikote, Distt.- Gopalganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Adv For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 248 of 2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 108 litres of illicit country made liquor was recovered from the two sacks loaded on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner not the driver of the said seized vehicle. The petitioner has no concern with the

Patna High Court CR. MISC. No. 56296 of 2024(2) dt.06-08-2024 2/2 alleged recovery. The name of the petitioner has transpired merely on the basis of the suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Kuchaikote P.S. Case No. 248 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T