Patna High CourtCR. MISC./50561/2021bail granted

Prakash Yadav v. The State Of Bihar

2021-12-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50561 of 2021 Arising Out of PS. Case No.-364 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== Prakash Yadav S/O Rajballabh Yadav @ Rajbalam Singh R/O Mohalla-Pisca Mor, Beside Of Uphar Cinema, Ratu Road, P.S-Sukhdeo Nagar, DistrictRanchi (JHARKHAND). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gaighat P.S. Case No. 364 of 2020 instituted for the offences under Sections 272, 273, 420, 467, 468, 471 and 120(B) of the Indian Penal Code read with Sections 30(a), 36, 41 and 56(b) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.50561 of 2021(2) dt.17-12-2021 2/2 Learned counsel for the petitioner submits that allegation is of recovery of 1352.625 liters of liquor from a truck.

Learned counsel for the petitioner submits that the apprehended accused named in the F.I.R. disclosed the name of this petitioner who fled away after seeing the police. It is further submitted that petitioner has been falsely implicated as he was not present at the place of occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.07.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 364 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

Gaurav Kumar/- (Satyavrat Verma, J) U T