Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39115 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Naresh Yadav Son Of Devnand Yadav @ Dewan Yadav Resident Of Village - Shyampur, Kotraha Ward No. 08, P.S. - Nautan, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nautan P.S. Case No. 151 of 2024, lodged on 13.04.2024 under Sections 30(a)/ 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, FIR has been lodged against the present petitioner and on his statement, total 88.20 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the contents of the FIR, it is very much clear that the illicit liquor has not been made from the petitioner's possession, rather, the said recovery has been made on his statement. Counsel further submits that the criminal

Patna High Court CR. MISC. No.39115 of 2024(2) dt.28-05-2024 2/2 antecedent of the petitioner is not clean and there is one criminal case pending against him which is not of excise matter, in which he is on bail. The petitioner is in custody since 14.04.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that though the recovery of illicit liquor has not been made from the petitioner's possession, but the said recovery has been made from his confession. Therefore, his role cannot be discarded in commission of the crime.

6. 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 Exclusive Special Judge Excise-I, Bettiah, West Champaran in connection with Nautan P.S. Case No. 151 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

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