Patna High CourtCR. MISC./11613/2024bail granted

Naresh Yadav v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11613 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== Naresh Yadav S/O Late Dev Narayan Yadav R/O Village- Dinapatti, Parariya, Ward No. 02, P.S- Madhepura, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhepura Excise P.S. Case No. 634 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered altogether 119.625 liter of illicit foreign liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.11613 of 2024(2) dt.23-02-2024 2/2 rather the illicit liquor has been recovered from the joint house/courtyard of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application in which he is on bail. The petitioner is languishing in judicial custody since 27.12.2023. Charge-sheet has been submitted in this case.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Madhepura Excise P.S. Case No. 634 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T