Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45547 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== HARENDRA YADAV S/O SHRI RAMASHISH YADAV R/o villageManiyarwa (Khajauli Bazar), P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on the police personnel reaching the place of occurrence, two persons were seen escaping on motorcycle. The petitioner was identified as one of the accused on the said motorcycle. It is further stated that 135 litres of liquor was recovered from the land of one Kameshwar Singh.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.45547 of 2021(2) dt.29-01-2022 2/2 incriminating article has been recovered from his possession. He has been falsely implicated in the case because of his antecedent. He is in custody since 9.6.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the the petitioner having remained in custody for over 7 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Khajauli P.S. Case no. 53 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IIcum- Special Judge, Excise, Madhubani. (Partha Sarthy, J) Spd/- U T