Vikash Kumar Yadav @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80772 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== 1.

Vikash Kumar Yadav @ Vikash Kumar S/O Krishna Prasad Yadav R/o - Tinnawa P.S.- Fatehpur, District- Gaya.

2.

Rupesh Kumar Yadav @ Rupesh Kumar @ Pikesh Kumar S/o Jamuna Prasad Yadav R/o Village- Pindri, P.S. Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brijmohan Das, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sindhugarh PS Case No. 14 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 total 600 litres of country made liquor was recovered from bag which was laden on the four motorcycles.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.80772 of 2024(2) dt.22-11-2024 2/2 submitted the name of the petitioners have transpired on the basis of confessional statement of Raushan Paswan and Chootan Kumar and the same have got no evidentiary value. It is further submitted that the motorcycles in question does not belong to the petitioners. The petitioners are in custody since 30.09.2024. The petitioner no. 1 has got one criminal antecedent and petitioner no. 2 has no 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sindhugarh PS Case No. 14 of 2024.

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