Ajay Kumar @ Gorka Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57204 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Ajay Kumar @ Gorka Yadav son of Nanhak Yadav Village- Habbipur, PsChandauti Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Chandauti PS Case No. 146 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 90 liters country made liquor was recovered from motorcycle. 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 submitted that vehicle in question does not belong to the petitioner. The
Patna High Court CR. MISC. No.57204 of 2024(2) dt.21-08-2024 2/2 petitioner is in custody since 13-06-2024 and has got two 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 Chandauti PS Case No. 146 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T