Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14696 of 2023 Arising Out of PS. Case No.-611 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Nandlal Yadav S/O Mukhdeo Yadav Resident of Village- Shivrajpur, P.S.- Nautan District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Nautan P.S. Case No. 611 of 2022 dated 13.11.2022 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. 3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 63.92 litres of country made English wine and the same is stated to have been recovered from three motorcycles and as per the prosecution's story this petitioner and co-accused Munna Kumar were allegedly apprehended at the spot with the alleged wine and motorcycles but in actual the petitioner was arrested from his house and he is not the registered owner of any of the seized motorcycles and he had no connection with any of them and

Patna High Court CR. MISC. No.14696 of 2023(2) dt.08-05-2023 2/2 against the petitioner there are criminal antecedents of two cases but he has got bail in both the cases and against him the investigation has been completed in the present matter and the co-accused Munna Kumar has been granted bail by a coordinate bench of this Court vide order passed in Cr. Misc. No. 12375 of 2023.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the completion of investigation against the petitioner and the privilege of bail having been granted to co-accused Munna Kumar as mentioned above, who is stated to have been arrested with this petitioner with the alleged wine, in my opinion, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named above be enlarged on bail, after framing of charge, if the same has not been framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Nautan P.S. Case No. 611 of 2022. (Shailendra Singh, J) Shahnawaz/- U T