Heeralal Yadav @ Bhutkun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13222 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Heeralal Yadav @ Bhutkun Yadav S/o Dhenuk Yadav R/o village- Saraya Jagiri Tola, Kharkharwa, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate :
Mr. Amit Kumar Pandey, Advocate For the State :
Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 bail in connection with Nautan P.S. Case No. 415 of 2021, registered for the offence under Sections 272, 273, 328, 307, 304 and 120B of the Indian Penal Code and Sections 30(a), 37B, 33 and 34 of the Bihar Prohibition and Excise Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 27.11.2021.
The allegation against the petitioner is to involve in sale/trading of spurious poisonous liquid, where altogether 13
Patna High Court CR. MISC. No.13222 of 2022(3) dt.16-08-2022 2/3 persons died after consuming it.
Learned counsel appearing on behalf of the petitioner submitted that this is not a case, where there is any recovery from the conscious physical possession of the petitioner. It is submitted that only on the basis of hearsay witness and post mortem report of the deceased, the innocent petitioner has been falsely implicated in the present case. It is further submitted that except suspicion, nothing surfaced during the course of investigation, which may connect the petitioner with the present set of occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that no spurious liquor recovered from the possession of the petitioner. Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation, which may suggest, prima facie, that petitioner was involved in the business of spurious liquor coupled with the fact that petitioner is a man of clean antecedent, where chargesheet has
Patna High Court CR. MISC. No.13222 of 2022(3) dt.16-08-2022 3/3 already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nautan P.S. Case No. 415 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T