Parbhu Yadav @ Prabhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22764 of 2024 Arising Out of PS. Case No.-246 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Parbhu Yadav @ Prabhu Yadav S/o Chandeshwar Yadav @ Chandrashekhar Yadav R/o Vill - Kisanipatti, P.S. - Ghogardiha, Dist. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Dagarua P.S. Case No. 246 of 2020, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. As per the prosecution case, total 1267.125 litres of illicit foreign liquor was recovered from the Tata 407 vehicle near Barsouni Toll Plaza.
Patna High Court CR. MISC. No.22764 of 2024(4) dt.05-07-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is a student aged about 21 years who is neither the owner of the seized vehicle nor has any concern with the seized liquor or apprehended persons. He further submits that petitioner has been made accused in seven cases either on the basis of the confessional statement or secret information and in all cases he is on bail. He also submits that similarly situated accused has already been granted regular bail by this Court vide order dated 17.10.2023 passed in Cr. Misc. No. 63158 of 2023. Other co-accused persons have been granted bail by Co-ordinate Bench of this Court vide order dated 02.09.2021 passed in Cr. Misc. No. 22479 of 2021, order dated 22.10.2021 in Cr. Misc. No.
41430 of 2021 and order dated 20.06.2023 in Cr. Misc. No. 34581 of 2023. He further submits that the charge has already been framed in this case and the petitioner undertakes to co-operate in the trial. The petitioner is languishing in jail since 22.12.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the
Patna High Court CR. MISC. No.22764 of 2024(4) dt.05-07-2024 3/3 petitioner, above named, 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 Court No. 1, Purnia in connection with Dagarua P.S. Case No. 246 of 2020.
(Sunil Dutta Mishra, J) ashishkr/- U T