Patna High CourtCR. MISC./65761/2024bail granted

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

2024-10-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65761 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- Marnga District- Purnia ====================================================== Rahul Yadav @ Rahul Kumar Yadav S/O Subodh Yadav R/O Village- Bela Rikabganj, Ward No. 1, P.S- K. Nagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 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 Maranga P.S. Case No. 139 of 2024 dated 10.07.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 230.70 litres of illicit foreign liquor was recovered from the Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner and the driver of the seized vehicle. The name of the petitioner has transpired in this case in the confessional statement of the co-accused, Mithlesh Kumar.

Patna High Court CR. MISC. No.65761 of 2024(3) dt.25-10-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents as per the supplementary affidavit filed on behalf of the petitioner and the bail petition. The petitioner has been remanded in this case from Excise P.S. Case No. 815 of 2024 on 17.08.2024 and since then he is languishing in judicial custody. The co-accused has been granted regular bail by this Court vide order dated 04.09.2024 passed in Cr. Misc. No. 63095 of 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 period of custody, the petitioner abovenamed, 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, Purnea in connection with Maranga P.S. Case No. 139 of 2024.

7. The application stands allowed.

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