Hon'ble Justice Rajesh Kumar Verma, in a criminal miscellaneous matter, granted bail to Mukesh Kumar Yadav, who was in custody for offences under the Bihar Prohibition and Excise Act, after finding no recovery from his conscious possession.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39777 of 2023
Arising Out of PS. Case No.-129 Year-2023 Thana- BASANTPUR District- Siwan
======================================================
MUKESH KUMAR YADAV Son of Ram Ashish Yadav Resident of VillageBasaon, Nagri Tola, PS- Banantpur, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 12-09-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.39777 of 2023(3) dt.12-09-2023 2/3
alleged recovery of illicit liquor and there is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C.. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 02.04.2023.
Patna High Court CR. MISC. No.39777 of 2023(3) dt.12-09-2023 3/3
as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given that liquor was recovered from joint house property rather than conscious possession.
Whether the petitioner must furnish a bail bond with two sureties and agree to specific conditions to obtain bail.
Mukesh Kumar Yadav
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
