Subodh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33545 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== SUBODH YADAV Son of Ram Bilas Yadav Resident of Village- Motiya Bigha, P.S.- Silao, District- Nalanda............................ ... Petitioner/s
Versus
The State of Bihar.............................................. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 426, 120B of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.
2395.060 liters of foreign liquor is said to have been recovered from the house of accused Sanjay alias Pallu Prasad and petitioner and other co-accused persons are said to be associate of the said accused Sanjay alias Pallu Prasad in the trade of liquor.
It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or
Patna High Court CR. MISC. No.33545 of 2019(2) dt.21-05-2019 2/2 any trade of liquor. He has been falsely implicated in this case due to dirty village politics. The identify and genuiness of the source of information has not been mentioned in the written report of the informant. Petitioner has been languishing in judicial custody since 09.04.2019. Similarly situated co-accused persons namely Ramdahin Prasad, Jai Prakash @ Prakash Jee and Dharmendra Kumar have been enlarge on bail by different co-ordinate Bench of this Court in CR. Misc. No.16068 of 2019, CR. Misc. No. 15007 of 2019 and Cr. Misc. No. 28947 of 2019 vide order dated13.03.2019, 01.04.2019 and 28947 of 2019 respectively.
Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, the above named petitioner is directed to 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 3rd Additional Sessions Judge-cum-Special Judge Excise, Nalanda at Biharsharif in connection with Rajgeer P.S. Case No. 31 of 2019.
(Prakash Chandra Jaiswal, J) T.Kr./- U T