Allowed¶20

Mahendra Yadav v. The State of Bihar

Patna HC12 Nov 2024CR. MISC./79288/2024

Case brief

AI extract

What is this about?

Patna High Court bail order, CR. MISC. No.79288 of 2024, dated 12-11-2024, Justice Rudra Prakash Mishra; petitioner Mahendra Yadav versus The State of Bihar; Chandi PS Case No. 140 of 2024, District Bhojpur; Section 30(a) Bihar Prohibition and Excise Act; recovery of 120 liters country made liquor from motorcycle; alleged non-compliance of Section 100 Cr.P.C.; custody since 05-09-2024; one criminal antecedent; bail bonds Rs.10,000/- with two sureties of like amount each; advocates Shiv Prasad Gupta (petitioner) and Renu Kumari APP (State).

What did the court decide?

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Chandi PS Case No. 140 of 2024. ¶20

Mahendra Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79288 of 2024

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Arising Out of PS. Case No.-140 Year-2024 Thana- CHANDI District- Bhojpur

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

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Mahendra Yadav S/o Godhan Yadav R/o vill - Khangaon, P.S. - Chandi, Distt.- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 12-11-2024

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Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

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2. The petitioner seeks bail in connection with Chandi PS Case No. 140 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

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3. The prosecution case, in short, is that 120 liters of country made liquor was recovered from motorcycle.

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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. Learned counsel for the petitioner submits that motorcycle in question does not

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Patna High Court CR. MISC. No.79288 of 2024(2) dt.12-11-2024 2/2

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belong to the petitioner. The petitioner is in custody since 05-092024, and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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6. 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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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 Chandi PS Case No. 140 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Mahendra Yadav v. The State of Bihar

Case brief

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Mahendra Yadav v. The State of Bihar

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