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Patna High CourtCR. MISC./84340/2024bail granted

Vijay Yadav @ Vijay Prasad Yadav @ Bijay Yadav v. The State Of Bihar

2024-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84340 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Vijay Yadav @ Vijay Prasad Yadav @ Bijay Yadav Son of Prayag Yadav Resident of Village - Korya, P.S. -Gurpa, District - Gaya ... ... 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. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Parnadabar P.S. Case No. 217 of 2024 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 250 litres country made liquor was recovered from three motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.84340 of 2024(2) dt.06-12-2024 2/2 possession of the petitioner. The name of the petitioner has transpired as being owner of one of the motorcycles in question. The son of the petitioner has taken the motorcyle for his personal use. There is no compliance of Section 103 of B.N.S.S.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parnadabar P.S. Case No. 217 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Ranjan/- U T