Patna High CourtCR. MISC./78298/2024bail granted

Suman Kumar Yadav v. The State Of Bihar

2024-10-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78298 of 2024 Arising Out of PS. Case No.-87 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== Suman Kumar Yadav Son of Risho Yadav @ Riso Yadav Resident of Village - Sunamgani Godam, P.S. - Sonamani, District - Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kursakanta P.S. case No. 87 of 2018 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 220.5 liters liquor was recovered from motorcycle.

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 is not named in the F.I.R. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the

Patna High Court CR. MISC. No.78298 of 2024(2) dt.30-10-2024 2/2 name of the petitioner has sprung as being owner of the motorcycle. The petitioner has given his motorcycle to his relation for personal use. The petitioner is in custody since 29.07.2024 and has got no criminal antecedent. Charge-sheet has already been submitted in this case. 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 Kursakanta P.S. case No. 87 of 2018.

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