Patna High CourtCR. MISC./8730/2024bail granted

Rahul Kumar Yadav v. The State Of Bihar

2024-02-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8730 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Rahul Kumar Yadav, Male, aged about 20 years, Son of Sanjay Yadav @ Sanjay Kumar Yadav, Resident of Village- Korahiya Navtoli Ward No-06, P.S.- Jaynagar District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA 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 Jaynagar PS Case No. 486 of 2023 instituted for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 178.5 liter illicit liquor has been recovered from the tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. There is no specific allegation in the FIR as to how many liters of wine recovered from the possession of the petitioner or what quantity of wine

Patna High Court CR. MISC. No.8730 of 2024(2) dt.16-02-2024 2/2 recovered. Petitioner has got no criminal antecedent as stated in para-3 of the petition. Petitioner is in custody since 10.12.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge Excise Act, Madhubani in connection with Jaynagar PS Case No. 486 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (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 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) Anand Kr.

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