Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8447 of 2024 Arising Out of PS. Case No.-740 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pramod Yadav Son of Late Ramdev Yadav Resident of Village- Gondapur, P.S.- Nawada, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nawada (Nagar) P.S. case No. 740 of 2021 instituted for the offences under Sections 33, 34, 36 of the Bihar Prohibition and Excise Act.
3. Prosecution allegation, in short, is that the brother and maternal uncle of the informant celebrated Holi after consuming spurious liquor. In the evening, maternal uncle of the informant died and when the brother of the informant returned after cremation of his uncle he also started vomiting and died,
Patna High Court CR. MISC. No.8447 of 2024(2) dt.19-02-2024 2/3 thereafter, U.D. Case has been registered and converted into FIR.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to village politics. Petitioner is not named in the FIR. The name of the petitioner has transpired on the basis of confessional statement of co-accused Arvind Yadav. No incriminating article has been recovered from the conscious possession of this petitioner or from the house of this petitioner. Similarly situated co-accused persons have already been granted bail by the Coordinate Benches of this Court vide Cr. Misc. No. 5252 of 2023, Cr. Misc. No. 54703 of 2023, 61251 of 2023, Cr. Misc. No.54460 of 2023, Cr. Misc. No. 54503 of 2023, 64425 of 2023 and Cr. Misc. No. 72837 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.01.2023 and has eighteen criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
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.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.8447 of 2024(2) dt.19-02-2024 3/3 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 Nawada (Nagar) P.S. case No. 740 of 2021.
(Rudra Prakash Mishra, J) Alok Verma/- U T