Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21175 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== PRADEEP YADAV Son of Jivachh Yadav R/V- Biraul P.S.- Khajauli DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

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

2. Petitioner seeks regular bail in connection with Khajauli P.S. Case No. 186 of 2022, dated 30.09.2022 registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 32(1),

(2) and 41(1),(2) 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 1240.2 litres of Indian made English liquor and the same is stated to have been recovered from a truck but the petitioner was not apprehended at the spot of recovery and his name was disclosed by the apprehended co-accused Sanjay Kumar and the said disclosure has no evidentiary value and during investigation no independent witness supported the allegations levelled

Patna High Court CR. MISC. No.21175 of 2023(2) dt.11-05-2023 2/2 against this petitioner and he has been languishing in jail since 21.01.2023 and he himself surrendered before the trial court and against him the investigation has been completed. Further submission is that though against the petitioner there is criminal antecedent of one case but he has got bail in the said antecedent case.

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 his custody period and also the fact that the petitioner was not apprehended at the spot of recovery, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail 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 Khajauli P.S. Case No. 186 of 2022.

(Shailendra Singh, J.) maynaz/- U T