Patna High CourtCR. MISC./13234/2024bail granted

Deepak Kumar Yadav v. The State Of Bihar

2024-02-27Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13234 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- JAMALPUR District- Darbhanga ====================================================== Deepak Kumar Yadav Son of Late Shyam Nandan Yadav Resident of VillageTarwara, P.S.- Jamalpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Jamalpur P.S. Case No. 09 of 2024, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per FIR, there is recovery of 13.845 litres of foreign liquor from the mango orchard and in front of the house of Dayashankar Yadav on the road.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner. It is further stated that the petitioner is not arrested on the spot and his name has surfaced on the basis of

Patna High Court CR. MISC. No.13234 of 2024(2) dt.27-02-2024 2/2 confessional statement of co-accused. It is further submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 23.01.2024.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Jamalpur P.S. Case No. 09 of 2024, on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga.

(Ramesh Chand Malviya, J) sanjeev/- U T