Patna High CourtCR. MISC./43967/2024bail granted

Santosh Kumar Yadav @ Santosh Yadav v. The State Of Bihar

2024-06-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43967 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Santosh Kumar Yadav @ Santosh Yadav, aged about 25 years, S/O Chandeshwar Yadav, R/O Village-Jahada Matmal, P.S. Kaluahi, DisttMadhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Prakash, Advocate For the Opposite Party :

Mr. Braj Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S Case No. 115 of 2024 G.R. No. 536 of 2024 dated 10.04.2024 registered for the offences punishable u/ss 272, 273, 414 read with Section 34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 990 litres of illicit Nepali country made liquor was recovered, out of which 270 litres was recovered from the motorcycle and rest of 720 litres of illicit liquor was recovered from the bamboo orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43967 of 2024(2) dt.26-06-2024 2/2 this case. Petitioner was neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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. 115 of 2024 G.R. No. 536 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/amanU T