Om Prakash Yadav @ Om Yadav @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46699 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== OM PRAKASH YADAV @ OM YADAV @ OM PRAKASH, S/O Bhola Yadav @ Dilip Kumar Roy, R/O Village- Godarghat, P.S.- Khanpur, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Khanpur P.S. Case No. 28 of 2023 dated 02.02.2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel Mr. Jitendra Kumar appearing for the petitioner are that admittedly, the alleged spirit was recovered from the Palani of the co-accused Arun Kumar and the petitioner has no connection with the said place and several persons including the petitioner have been named in the FIR and they were alleged to

Patna High Court CR. MISC. No.46699 of 2023(2) dt.31-07-2023 2/3 be indulged in manufacturing of the illicit liquor but, against this petitioner there is no specific allegation and the alleged liquor was not recovered from his possession and his name came into light from the confessional statement of co-accused Lalo Kumar, except this there is no any other material against him. Further submission is that the petitioner has been languishing in jail since 02.06.2023 and some co-accused persons namely, Gurudeo Paswan and Anand Kumar @ Chhotu Paswan @ Sharma Jee carrying almost similar nature of allegation have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos. 39312 of 2023 and 36781 of 2023 respectively.

4. Learned APP Mr. Md. Nazir Ansari appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly petitioner's case being similar to the above-mentioned coaccused who are on bail and also, the fact that the alleged spirit is stated to have been recovered from the Palani of co-accused Arun Kumar and the second seizure list does not contain the details of the accused that from whose possession the rest part of the alleged spirit was recovered, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-

Patna High Court CR. MISC. No.46699 of 2023(2) dt.31-07-2023 3/3 above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Khanpur P.S. Case No. 28 of 2023.

(Shailendra Singh, J.) Maynaz/- U T