Ravindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48620 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== 1.

RAVINDRA KUMAR YADAV Son of Istri Lal Yadav Resident of Village - Meghalan, P.S.- Benipatti, District - Madhubani. 2.

Jailal Sah Son of Lal Badhsah Resident of Village - Najra, P.S.- Benipatti, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2022 Heard.

The petitioner seeks regular bail in connection with Benipatti P.S. Case No. 128 of 2021, registered for the offence punishable under sections 420, 468, 471, 34 of the Indian Penal Code and 7 E.C. Act,1955.

The allegation is regarding the co-villagers having caught two persons including the petitioner herein while they were carrying 30 liters of kerosene oil for the purposes of black marketing.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 18.06.2021. The learned counsel for the petitioner has further submitted that the entire incident has been falsely cooked up on account of village rivalry of the petitioner with the covillagers and a bare perusal of the seizure list would show

Patna High Court CR. MISC. No.48620 of 2021(2) dt.03-03-2022 2/2 that the place of seizure of Kerosene oil has been shown to be the police station.

Per contra, Mr. Paremeshwar Mehta, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of A.C.J.M.-I, Benipatti in connection with Benipatti P.S. Case No. 128 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T