Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79300 of 2024 Arising Out of PS. Case No.-656 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Rajesh Yadav S/o Chhotalal Yadav Resident of vill- Madurana, P.S- Chainpur, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise Bhabua PS Case No. 656 of 2024 instituted for the offences under Sections 30(a), 32(1) & (3), 41(1)(2) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 270 liters of country made liquor was recovered from the 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. It is submitted

Patna High Court CR. MISC. No.79300 of 2024(2) dt.12-11-2024 2/2 that petitioner has no concern with the car in question. The petitioner is in custody since 20-08-2024 and has got one criminal antecedent. 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 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhabua PS Case No. 656 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T