Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79288 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Mahendra Yadav S/o Godhan Yadav R/o vill - Khangaon, P.S. - Chandi, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

2.

The petitioner seeks bail in connection with Chandi PS Case No. 140 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 120 liters of country made 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 has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that motorcycle in question does not

Patna High Court CR. MISC. No.79288 of 2024(2) dt.12-11-2024 2/2 belong to the petitioner. The petitioner is in custody since 05-092024, 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 Chandi PS Case No. 140 of 2024.

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