Ramchandra Prasad @ Ramchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83922 of 2024 Arising Out of PS. Case No.-378 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Ramchandra Prasad @ Ramchandra Yadav S/O Late Jitan Yadav R/O VILLAGE - Bhitiya,P.S. - Parnadabar, DISTRICT- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sirdalla PS Case No. 378 of 2024 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 770 litres of country made liquor was recovered from the hut along with four motorcycles.

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.83922 of 2024(2) dt.10-12-2024 2/2 that seized hut does not belong to the petitioner rather the same is in forest area and also the motorcycles in question does not belong to the petitioner. The petitioner is in custody since 10.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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, clean antecedent of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirdalla PS Case No. 378 of 2024.

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