Patna High CourtCR. MISC./77342/2024bail granted

Birendra Kumar Yadav @ Birendra Yadav @ Virendra Kumar Yadav v. The State Of Bihar

2024-10-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77342 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- NADI District- Supaul ====================================================== Birendra Kumar Yadav @ Birendra Yadav @ Virendra Kumar Yadav Son of Raja Ram Yadav R/O-Village- Sarahna Bela, P.S.- Nadi, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Supaul Nadi P.S. Case No. 60 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the police has recovered total 360 litres of illicit Nepali liquor from the Banana orchard of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.77342 of 2024(2) dt.28-10-2024 2/3 present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was not present at the place of occurrence and was arrested after two months of the alleged date of occurrence. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 10.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.77342 of 2024(2) dt.28-10-2024 3/3 Court below/concerned Court in connection with Supaul Nadi P.S. Case No. 60 of 2024.

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