Kari Yadav Alias Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.684 of 2021 Arising Out of PS. Case No.-143 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== Kari Yadav Alias Mahesh Yadav Son Of Bhola Yadav Resident Of VillageSelra, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jaynagar P.S. Case no. 143 of 2019 corresponding to G.R. no. 589 of 2019 registered under sections 272, 273, 120B and 34 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Act. As per allegation in the FIR, on receiving secret information that co-accused Kumar Rohit along with his 9 named accomplices including the petitioner herein had stored illicit liquor, a raid was conducted. 284 litres of Nepali wine was recovered and the Choukidar identified five accused persons fleeing away.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.684 of 2021(2) dt.18-03-2021 2/2 except for the petitioner being named as an accomplice of Kumar Rohit, there is no other material against him. He was not amongst one of the five persons named by the Choukidar. He has been falsely implicated in the case because of his antecedents. He is in custody since 10.7.2020 and charge sheet has been submitted in the case.

Learned APP for the State has opposed the prayer for bail. Having heard learned counsel for the parties and in the facts and circumstances of the case specially the petitioner being in custody since 10.7.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Jaynagar P.S. Case no. 143 of 2019 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) Prakash/- U