Bharat Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29368 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== BHARAT YADAV Son of Late Yogi Yadav Resident of Village - Nanaura, P.S.- Keoti, District- Darbhanga (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with G.O. Case No. 243 of 2019 arising out of Keoti P.S. Case No. 37 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case as lodged by the police personnel is that on secret information the house of the petitioner was raided and from the house 34.530 litres of illicit Indian made foreign liquor and 12 litres of canned beer was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits
Patna High Court CR. MISC. No.29368 of 2019(2) dt.13-05-2019 2/2 that the petitioner has been sufficiently punished as he is languishing in judicial custody since 14.03.2019. However, learned APP for the State opposes the prayer for bail.
Considering the nature of allegations, period of custody and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner above named 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 learned Vth Additional District Judge-cum-Special Judge (Excise Act), Darbhanga in connection with G.O. Case No. 243 of 2019 arising out of Keoti P.S. Case No. 37 of 2019, subject to the condition that one of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) devendra/- U T