Allowed¶23

Kari Yadav @ Sunil Yadav v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./12646/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.12646 of 2024; decided 27-02-2024; Justice Rudra Prakash Mishra; bail granted; petitioner Kari Yadav @ Sunil Yadav; Bahadurpur P.S. Case No. 463 of 2023; Thana Bahadurpur; District Darbhanga; Section 30(a) Bihar Prohibition and Excise Act; 168 liters liquor recovered from pond under water hyacinth; custody since 27.11.2023; no criminal antecedent; parity with co-accused bail order dated 18.01.2024 in Cr. Misc. No. 84404 of 2023; alleged non-compliance of Section 100 Cr.P.C.; bail bonds Rs. 10,000/- with two sureties of like amount; APP opposed.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below in connection with Bahadurpur P.S. Case No. 463 of 2023. ¶23

Kari Yadav @ Sunil Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Kari Yadav @ Sunil Yadav, implicated in Bahadurpur P.S. Case No. 463 of 2023 (District Darbhanga) instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act, should be granted bail.

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Court's answer

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

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Ratio / Principle

Petitioner ordered released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Bahadurpur P.S. Case No. 463 of 2023.

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Detailed headnote1 paragraphs

Bail granted - High Court of Judicature at Patna, Criminal Miscellaneous No.12646 of 2024, oral order dated 27-02-2024 of Honourable Mr. Justice Rudra Prakash Mishra. Petitioner Kari Yadav @ Sunil Yadav sought bail in Bahadurpur P.S. Case No. 463 of 2023 (Thana Bahadurpur, District Darbhanga), instituted for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, following alleged recovery of 168 liters of liquor from a pond under water hyacinth. Counsel pleaded false implication, absence of incriminating material from conscious possession, custody since 27.11.2023, no criminal antecedent, alleged non-compliance of Section 100 of Cr.P.C., and parity with a similarly situated co-accused granted bail by a Co-ordinate Bench on 18.01.2024 in Cr. Misc. No. 84404 of 2023; the learned APP opposed. Considering the facts, circumstances and period of custody, the Court released the petitioner on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below, in connection with Bahadurpur P.S. Case No. 463 of 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12646 of 2024

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Arising Out of PS. Case No.-463 Year-2023 Thana- BAHADURPUR District- Darbhanga

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======================================================

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Kari Yadav @ Sunil Yadav S/o Ram Pukar Yadav @ Ram Kumar Yadav R/o Vill - Ragaipura, P.S - Bahadurpur, Distt. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 27-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in Bahadurpur P.S. Case No. 463 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 168 liters liquor was recovered from pond under water hyacinth.

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Learned counsel for the petitioner submits that the petitioner 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. The petitioner is in custody since 27.11.2023 and has got no criminal antecedent. Learned

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Patna High Court CR. MISC. No.12646 of 2024(2) dt.27-02-2024 2/2

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counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 84404 of 2023. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed

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the prayer for grant of bail to the petitioner.

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

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahadurpur P.S. Case No. 463 of 2023.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Kari Yadav @ Sunil Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kari Yadav @ Sunil Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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