Patna High CourtCR. MISC./38674/2024bail granted

Sachin Kumar Yadav v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38674 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Sachin Kumar Yadav Son of Kapildev Yadav Resident Of Village-Malin Belha, P.S.-Lalmania, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner submits that inadvertently District- Darbhanga has been typed in place of District- Madhubani in the address of the petitioner. Therefore, it is directed to the counsel for the petitioner to correct the name of the district at all places in the bail application in course of the day.

3. The petitioner seeks regular bail in connection with Ladaniya P.S. Case No. 101 of 2024, lodged on 15.04.2024 under Sections 272, 273 of the Indian Penal Code read with section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, FIR has been lodged against the petitioner and owner of the seized vehicle. Total 446.280 litres of illicit liquor has been recovered which is the subject matter of the present case.

Patna High Court CR. MISC. No.38674 of 2024(2) dt.27-05-2024 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner went to village piprahi to attend the funeral function of his relative and in the morning, he went to nature call and in the meantime, the police arrested the petitioner merely on suspicion. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 16.04.2024.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cumSpecial Judge (Excise Act), Madhubani in connection with Ladaniya P.S. Case No. 101 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T