Patna High CourtCR. MISC./34789/2023allowed

Pramod Yadav v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34789 of 2023 Arising Out of PS. Case No.-682 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pramod Yadav Son Of Late Ramdeo Yadav R/V- Gondapur Ps- Nawada DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for grant of bail in connection with Nawada (Town) P.S. Case No. 682 of 2021 registered under sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. According to FIR, it is alleged that one person, namely, Shailendra Yadav @ Salo Yadav died due to consumption of spurious liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of one Arvind Yadav before the police

Patna High Court CR. MISC. No. 34789 of 2023(3) dt.03-10-2023 2/2 which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 13.07.2023. in Cr. Misc. No. 13574 of 2023. Moreover, the petitioner is languishing in judicial custody since 11.03.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nawada (Town) P.S. Case No. 682 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge Ist Nawada.

(Sunil Kumar Panwar, J) shubham/- U T