Rakesh Kumar Yadav @ Rakesh Yadav @ Ram Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38849 of 2023 Arising Out of PS. Case No.-148 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Rakesh Kumar Yadav @ Rakesh Yadav @ Ram Babu Yadav S/O Uttim Lal Yadav R/O Village- Akaunha, P.S- Deodha, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 G.R. No. 400 of 2018 arising out of Jaynagar P.S. Case No. 148 of 2018 dated 30.03.2018 registered for the offences punishable under sections 272 and 273 read with 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 300 litres of illicit liquor was recovered from the orchard.

Patna High Court CR. MISC. No.38849 of 2023(2) dt.05-07-2023 2/3 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 accused in nine other criminal cases which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 26.04.2023.

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, Madhubani in connection with G.R. No. 400 of 2018 arising out of Jaynagar P.S. Case No. 148 of 2018, with the conditions :-

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 bond of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.38849 of 2023(2) dt.05-07-2023 3/3 of offence in future, his bail bond is liable to be cancelled. The application stands allowed.

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