Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54134 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== MUKESH YADAV Son of Digambar Yadav @ Digambar Prasad Yadav Resident of Village - Narhiya Goth, P.S.- Narhiya O.P. Laukahi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 and sections 272 and 273 of the Indian Penal Code.

As per the prosecution case, on a raid being conducted, accused persons including the petitioner herein were identified fleeing away from the place of occurrence. It is stated that about 1700 litres of liquor was recovered from the orchard of one Vinod Yadav.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

Patna High Court CR. MISC. No.54134 of 2021(2) dt.04-04-2022 2/2 because of his antecedents. Neither the petitioner was arrested at the spot nor any incriminating article was recovered from his vehicle. He has no concern either with the seized liquor nor with the alleged place of recovery. He is in custody since 7.4.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having been arrested at the spot and having remained in custody for about 1 year, the Court directs the petitioner to be enlarged on bail in connection with Laukahi P.S. Case no.52 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Bibhash/- U