Indradeo Prasad @ Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34640 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Indradeo Prasad @ Indradeo Yadav, S/O Late Ramsevak Yadav, R/O VillageNaugarh, P.S.-Chakand, Dist.-Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shrishti Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, 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 Chakand P.S. Case No. 91 of 2023 dated 19.03.2023 registered for the offences punishable u/ss 471 and 120B of the Indian Penal Code and Sections 30(a), 36, 38 and 41(i) of the Bihar Prohibition and Excise Act. As per the prosecution case, 3806.75 litres of illicit english liquor was recovered from the room of pumping-set. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34640 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of liquor and the alleged recovery has been made from the co-accsused Anil Yadav. The petitioner has got one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2023. 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 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, Gaya in connection with Chakand P.S. Case No. 91 of 2023.

The application stands allowed.

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