Chandan Yadav @ Chandarveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6538 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Chandan Yadav @ Chandarveer Yadav son of Late Dilip Yadav VillageChakchintamanipur P S Manigachhi Wajitpur O P District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Kumar Praveen, Advocate For the State :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Manigachhi (Wajitpur O.P.) P.S. Case No. 237 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

As per prosecution case, there is recovery of total 716.76 liters of illicit Indian made foreign liquor from Bamboo cluster.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-11-2023. Petitioner bears two criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.6538 of 2024(2) dt.16-02-2024 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered liquor. Petitioner was not apprehended on the spot rather he was identified by chowkidar, who claims to identified him as accused. Nothing has been recovered from the conscious possession of the petitioner. Seizure list is not prepared in accordance with law. Similarly situated co-accused has been granted bail by Co-ordinate Bench of this Court passed in Cr. Misc. No. 3615 of 2024. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

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 Manigacchi

Patna High Court CR. MISC. No.6538 of 2024(2) dt.16-02-2024 3/3 (Wajitpur O.P.) P.S. Case No. 237 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T