Patna High CourtCR. MISC./33285/2024bail granted

Ramtahal Yadav v. The State Of Bihar

2024-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33285 of 2024 Arising Out of PS. Case No.-52 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Ramtahal Yadav Son of Late Nageshwar Yadav Resident of Village- Karhari, P.S.- Laukahi, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2024

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

2. The petitioner has preferred this application for grant of regular bail in connection with Laukahi P.S. Case no. 52 of 2021 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on a raid being conducted, accused persons including the petitioner herein were identified fleeing away from the place of occurrence. It is stated that about 1700 litres of liquor was recovered from the orchard of one Vinod Yadav.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.33285 of 2024(3) dt.28-06-2024 2/2 incriminating article has been recovered from petitioner's possession. Petitioner was not caught at the place of occurrence and similarly situated co-accused Mukesh Yadav has been enlarged on bail vide order dated 4.4.2022 passed in Cr. Misc. no. 54134 of 2021.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, the petitioner not having been arrested on the spot, his not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Laukahi P.S. Case no. 52 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 Special Excise Judge, Jhanjharpur, District- Madhubani.

(Partha Sarthy, J) Harsh/- U T