Rakesh Yadav @ Rambabu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37789 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== RAKESH YADAV @ RAMBABU YADAV Son of Utim Lal Yadav Resident of village - Akaunha, P.S.- Deodha, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 Jaynagar P.S. Case No. 96 of 2023 dated 6.3.2023 registered for the offence punishable u/ss 272, 273, 414, 34 of the IPC and Section 30(a)/41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 720 litres of liquor is alleged to have recovered from a pickup vehicle. Learned counsel for the petitioner has submitted that 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 is not the owner of the vehicle.

Patna High Court CR. MISC. No.37789 of 2023(2) dt.28-06-2023 2/2 The petitioner is accused in 9 other criminal cases in which he is on bail in 7 cases as stated in para 3 of the bail petition. The petitioner is in custody since 13.3.2023.

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, Madhubani in connection with Jaynagar P.S. Case No. 96 of 2023 (G.R. No. 382 of 2023) with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. The application stands allowed.

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