Patna High CourtCR. MISC./14885/2024bail granted

Saheb Yadav v. The State Of Bihar

2024-03-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14885 of 2024 Arising Out of PS. Case No.-557 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Saheb Yadav S/o Rajendra Yadav R/o vill - ward n. 03, Matiariya, Khairpokhara, P.s. - Bagaha, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bagaha P.S Case No. 557 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, total 4 litre illicit liquor was recovered from the vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.14885 of 2024(2) dt.05-03-2024 2/2 petitioner. The petitioner is not arrested on the spot. It is also submitted that petitioner is in judicial custody since 28.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran in connection with Bagaha P.S Case No. 557 of 2023.

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