Patna High CourtCR. MISC./58790/2024bail granted

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

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58790 of 2024 Arising Out of PS. Case No.-650 Year-2022 Thana- PIRBAHOR District- Patna ====================================================== Ranjan Kumar Yadav @ Ranjan Yadav son of Late Timal Yadav Resident of Village- Near Naya Gaon, Manokamana Asthan, P.S. -Pirbahore, Districtpatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pirabhore P.S. Case No. 650 of 2022, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 95 liters liquor was recovered from the house of co-accused Manoj Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.58790 of 2024(2) dt.09-08-2024 2/2 with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not arrested at the place of occurrence. The alleged recovery has been made from the joint house where other family members also reside. The petitioner is in custody since 24.05.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 15.03.2024 passed in Cr. Misc. No. 20111 of 2024. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pirabhore P.S. Case No. 650 of 2022.

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