Patna High CourtCR. MISC./60464/2024bail granted

Gore Kumar @ Gore Yadav v. The State Of Bihar

2024-09-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60464 of 2024 Arising Out of PS. Case No.-409 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Gore Kumar @ Gore yadav son of Upendra Yadav village- Machrak, psFatehpur, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Prosecution case relates to recovery of 150 litres of country made mahua liquor from a motorcycle and petitioner was apprehended on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The alleged motorcycle does not belong to the petitioner from which recovery of illicit liquor was recovered. Provision of Section 100 CR.P.C. has not been

Patna High Court CR. MISC. No.60464 of 2024(2) dt.02-09-2024 2/2 followed while preparing the seizure list as the seizure list witnesses are the police officials. Both the petitioners are languishing in judicial custody since 10.7.2024.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the fact that petitioner has got clean antecedent, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sexclusive Special Judge, Excise IV, Gaya in connection with Fatehpur P.S. Case No. 409 of 2024, subject to the condition that petitioner shall cooperate in the disposal of trial and be available as and when required by the Court.

(Nawneet Kumar Pandey, J) sushma/- U