Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43854 of 2021 Arising Out of PS. Case No.-201 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== UPENDRA YADAV Son of Late Mahanthi Yadav Resident of Village - Barkisangi, P.S.- Phulpharas, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Adv.
For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2022 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Ms. Indu Kumari Srivastava, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Phulparas PS Case No. 201/2021 registered for the offence punishable under Section 414 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act.
171 litres of illicit liquor and one stolen motorcycle have been recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and he has not committed any offence in the manner alleged. He further submits that the petitioner has got no criminal antecedent and is in custody since 23.05.2021, charge sheet has been submitted. He next submits that the house, from
Patna High Court CR. MISC. No.43854 of 2021(3) dt.26-04-2022 2/2 where illicit liquor has been recovered, belongs to the joint family and other family members also reside there. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner having no criminal antecedent is in custody since 23.05.2021, charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner only after completion of one year of custody. Accordingly, let the petitioner, UPENDRA YADAV be released on bail, on completion of one year of custody, on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Phulparas PS Case No. 201/2021.
(Anil Kumar Sinha, J) perwez U T