Patna High CourtCR. MISC./66724/2024bail granted

Jai Prakash Yadav @ Bhola Yadav v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66724 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Jai Prakash Yadav @ Bhola Yadav S/O Harindra Yadav R/O VillageKalyanpur, P.S- Bhorey, Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bhorey P.S. Case No. 67 of 2024, registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 209.1 liters liquor was recovered from car.

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. Learned counsel for the petitioner also submits that the petitioner was not

Patna High Court CR. MISC. No.66724 of 2024(3) dt.25-10-2024 2/2 arrested on spot. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused Subodh Kumar and Ranjan Kumar and the same has got no evidentiary value. The petitioner is in custody since 23.06.2024 and has got six criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 12.07.2024 passed in Cr. Misc. No. 46819 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 Bhorey P.S. Case No. 67 of 2024.

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