Patna High CourtCR. MISC./34650/2024bail granted

Ashok Yadav @ Ashok Kumar Yadav v. The State Of Bihar

2024-05-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34650 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Ashok Yadav @ Ashok Kumar Yadav son of Bhupendra Yadav VillageDharhara W.No-10, Ps- Raghopur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raghopur P.S Case No. 391 of 2023 (S. T. Excise Case No. 4223 of 2023) dated 18.10.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 162 litres of illicit Nepali country made liquor was recovered from the house of the co-accused Gangiya Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from the house of the coaccused person. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.34650 of 2024(2) dt.07-05-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Raghopur P.S Case No. 391 of 2023 (S. T. Excise Case No. 4223 of 2023), with the condition-: (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T