Nago Yadav @ Nageshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20823 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Nago Yadav @ Nageshwar Yadav Son of Chandeshwar Yadav Ward No. 05, Village-Kamtaul, P.S.-Kamtaul, District-Darbhanga, Bihar-847304 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kamtaul P.S. Case No.262 of 2023 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 213 liters of illicit liquor has been recovered from the cultivation field of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovered liquor. The said land/cultivation field does
Patna High Court CR. MISC. No.20823 of 2024(2) dt.18-03-2024 2/3 not belong to the petitioner. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 02.12.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Darbhanga, Bihar in connection with Kamtaul P.S. Case No.262 of 2023
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on
Patna High Court CR. MISC. No.20823 of 2024(2) dt.18-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) lata/- U T