Patna High CourtCR. MISC./68685/2024bail granted

Ruplal Yadav v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68685 of 2024 Arising Out of PS. Case No.-1855 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Ruplal Yadav Son of Babu Ram Yadav Resident of Village- Konhwa, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Excise P.S. case No. 1855 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that the 378.420 liters liquor was recovered from the hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no

Patna High Court CR. MISC. No.68685 of 2024(2) dt.20-09-2024 2/2 knowledge and concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired as the recovery is made from the hut belonging to the joint family of the petitioner. 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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Excise P.S. case No. 1855 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T