Parmeshwar Yadav @ Parmeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85786 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Parmeshwar Yadav @ Parmeshwar Kumar S/o- Late Raghunath Yadav Village- Yadopur (Jadopur) Ps- Yadopur Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Vishambharpur PS Case No. 150 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 172.80 liters foreign liquor was recovered from four motorcycles. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is alleged that 45 litres of liquor has been recovered from the petitioner's motorcycle. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.85786 of 2024(2) dt.17-12-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is next submitted that motorcycle does not belong to the petitioner. The petitioner is in custody since 18-102024 and has got three criminal antecedents. 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, 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur PS Case No. 150 of 2024.

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