Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20042 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== UPENDRA YADAV Son Of Late Uttim Lal Yadav R/O Village- Korahiya (Navtoli), P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

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

2. Petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 315 of 2022, dated 11.09.2022 registered for the offences punishable under Sections 272, 273, 420, 468, 414 and 34 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 1555 litres of Nepali country-made Wine but the petitioner was not apprehended at the spot of recovery and his name came into light in the statement of one of the co-accused namely, Pradip Kumar, who is stated to have been arrested at the spot and against the petitioner there are criminal antecedents of three

Patna High Court CR. MISC. No.20042 of 2023(2) dt.10-05-2023 2/2 cases and he has been languishing in jail since 24.01.2023 in the present matter and against him investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly the completion of investigation against the petitioner and also the fact that the petitioner is not stated to have been arrested at the spot and his name was disclosed by the co-accused who was apprehended at the spot as per above submission, in my opinion it is a fit case for bail to the petitioner. 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 the concerned Court in connection with Jaynagar P.S. Case No. 315 of 2022. (Shailendra Singh, J.) maynaz/- U T