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Patna High CourtCR. MISC./34321/2023bail granted

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

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34321 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== DILIP YADAV @ DILIP KUMAR @ DILIP KUMAR YADAV S/O LAXMAN YADAV @ LAKSHMAN YADAV R/O Village- Kamlawari Arraha, P.S- Jainagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jainagar P.S. Case No. 390 of 2022 dated 21.10.2022 registered for the offences punishable u/s 414 of the Indian Penal Code and Sections 30 (a) and 41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 675 litres of illicit Nepali liquor was recovered from a white colour Scorpio vehicle. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34321 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused Pappu Yadav. The petitioner is not the owner of the seized vehicle. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. 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, Madhubani in connection with Jainagar P.S. Case No. 390 of 2022.

The application stands allowed.

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