Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22826 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- ROSERA District- Samastipur ====================================================== RAJESH YADAV @ RAJESH KUMAR Son of Sakhi Chandra Yadav @ Ravindra Yadav Resident of Village - Sahiyar Burj, P.S.- Rosera, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.03.2022, charge-sheet has been submitted and has antecedent of three cases.

Allegation is of recovery of 964 litres of liquor from the maize field of Mahesh Mahto.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.22826 of 2022(2) dt.06-05-2022 2/2 petitioner was not arrested from the spot and name of the petitioner transpired based on the secret information alleged to have been received by the police. Learned counsel further submits that the field from where the liquor was recovered does not belong to the petitioner. It is, thus, submitted that the petitioner came to be implicated falsely by the police based on his antecedent.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.03.2022, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rosera P.S. Case No. 100 of 2021. (Satyavrat Verma, J) Kundan/- U T