Ramesh Yadav v. The State of Bihar
Case at a glance
- Bench
- RUDRA PRAKASH
Outcome
Bail granted
Let the petitioner be released on bail on furnishing
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Umesh Kumar Gupta, Advocate Mr. Md. Iftekhar Mahmood, APP ORAL ORDER 2 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Paharpur PS Case No. 521 of 2023 instituted for the offences under Section 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, in short, is that 13.140 liters liquor was recovered from jute bag laden on the motorcycle.
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. Petitioner is the Patna High Court CR. MISC. No.33055 of 2024(2) dt.02-05-2024 owner of the vehicle. The petitioner is in custody since 21-12- 2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
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.
Operative part
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 Paharpur PS Case No. 521 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on furnishing
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 414; Bihar Prohibition and Excise Act; Code of Criminal Procedure, 1973 — s. 100.