Prabhu Yadav @ Prabhu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9710 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Prabhu Yadav @ Prabhu Kumar Yadav, (Male) aged about 27 years, Son of Ram Vinay Yadav @ Rambinay Yadav R/o vill - Subatol, ward no. 3, P.S. - Andharamath, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Yadav, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Andharamath P.S. Case No.184 of 2023 registered for an offence punishable under Sections 272 and 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 495 liters of Nepali liquor was recovered near the canal.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner has not been arrested at the spot and on perusal of the seizure list, there are no independent witnesses. Petitioner is in custody since 26.11.2023.

Patna High Court CR. MISC. No.9710 of 2024(2) dt.19-02-2024 2/2

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and submission made on behalf of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No. 184 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of fifteen days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted, then the above named petitioner shall be released on bail on above conditions and the petitioner shall be present physically on each and every date before the trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T