Fantus Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13581 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== FANTUS YADAV SON OF BADRINATH YADAV @ BUDDHADEV YADAV R/O VILLAGE- SADHOPUR, P.S.- KAHALGAON (GHOGHA), DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kahalgaon (Ghogha) P.S. Case No. 125 of 2022, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per allegation, a Tempo was present in the premises of the petitioner, which was without registration number and from the roof of that tempo, 177 liters of countrymade liquor was recovered. The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He has submitted further that the alleged Tempo does not belong

Patna High Court CR. MISC. No.13581 of 2023(2) dt.17-05-2023 2/2 to him. He is a person of clean antecedent and is under custody since 16.12.2022.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 125 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T