Dhanik Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34592 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- LADANIA District- Madhubani ====================================================== DHANIK LAL YADAV, Son of Munilal Yadav Resident of village - Sidhapkala, P.S.- Ladaniya, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara,APP ====================================================== 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 Ladaniya P.S. Case No. 76 of 2023 dated 03.04.2023 registered for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 114 litres of illicit liquor is said to have been recovered from the field, back side of the house of the petitioner. On seeing the police, the petitioner tried to flee away but he was apprehended.

Patna High Court CR. MISC. No.34592 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner has no concern with the alleged recovery of liquor. The alleged recovery has been made from an open place. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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 Ladaniya P.S. Case No. 76 of 2023. The application stands allowed.

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