Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27619 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Jitendra Yadav S/O Birendra Yadav @ Virendra Yadav R/O VillagePurandarpur, P.S- Nautan, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Nautan P.S. Case No. 56 of 2023 dated 10.02.2022 registered for the offences punishable under Section 414 of IPC and Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 74.340 litres of foreign liquor and the same is stated to have been recovered from a Mahindra Bolero vehicle and as per allegation the petitioner and co-accused Bala Yadav are alleged to have been arrested at the spot from the alleged vehicle, but in actual, coaccused Kedar Yadav had arranged the vehicle in question with the alleged foreign liquor, regarding which the petitioner had no knowledge and the said fact finds place in the FIR itself and

Patna High Court CR. MISC. No.27619 of 2023(2) dt.17-05-2023 2/2 petitioner has no concern with the seized vehicle as well as seized foreign liquor and he has been languishing in jail since 10.02.2023, though against the petitioner there is criminal antecedent of one case but the same was lodged under the offences punishable under POCSO Act and accordingly, petitioner has no criminal antecedent in respect of the offences of Excise Act and against him the investigation has been completed. 4.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6.

Accordingly, let the petitioner named-above be enlarged on bail in connection with Nautan P.S. Case No. 56 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Shahnawaz/- U T