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Patna High CourtCR. MISC./15253/2023bail granted

Pradeep Yadav @ Ram Tapasya Yadav v. The State Of Bihar

2023-05-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15253 of 2023 Arising Out of PS. Case No.-685 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Pradeep Yadav @ Ram Tapasya Yadav, aged about 35 years (M), Son Of Bhutti Yadav, R/O Village- South Telhua Mujwaniya Tola, Ward No.04, P.S.- Nautan, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

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

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Nautan P.S. Case No. 685 of 2022 registered for the offence under Sections 413, 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that total 7.200 liters wine is said to have been recovered from the car in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2022. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.15253 of 2023(2) dt.01-05-2023 2/2 There is no chance of trial being concluded in near future. It is alleged that total 7.200 liters wine is said to have been recovered from the car. The said car does not belong to the petitioner. The said car is run as a public carrier. The petitioner was also sitting in the car as one of the passengers. He had no knowledge regarding the nature of goods kept in the car in question. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran, in connection with Nautan P.S. Case No. 685 of 2022.

(Sudhir Singh, J) U.K./- U T