Md. Allauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8439 of 2023 Arising Out of PS. Case No.-403 Year-2021 Thana- NAWADA District- Nawada ====================================================== PAPPU YADAV S/O LATE RAMBALAK YADAV R/v- Gondapur, P.S.- Nawada, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks regular bail in connection with Nawada (Town) P.S. Case No. 403/2021, registered for the offence punishable under Sections 30(a), 33, 36, 41(i) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petittioner is not named in the F.I.R. his name has been transpired on the basis of confessional statement of co-accused Arvind Yadav. Petitioner is in custody
Patna High Court CR. MISC. No.8439 of 2023(2) dt.03-05-2023 2/3 since 06.04.2022. Similarly situated person namely Arvind Yadav, Kaushal Yadav and Utpal Kant have been granted bail in Cr. Misc. No. 72533/2021, Cr. Misc. No. 40559/2022 and Cr. Misc. No. 46692/2022.
Learned APP has vehemently opposed the prayer for bail.
Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, 1st Nawada in connection with Nawada (Town) P.S. Case No. 403/2021.
This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Nawada (Town) Police Station, District-Nawada on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. The trial
Patna High Court CR. MISC. No.8439 of 2023(2) dt.03-05-2023 3/3 court is directed to expedite the trial of all the cases which are registered against the petitioner.
(Sandeep Kumar, J) Ranjeet/- U T