Jay Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48535 of 2024 Arising Out of PS. Case No.-139 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Jay Prakash Yadav Son of Gujan Yadav R/O Vill.- Sananpatti, P.S.- Laukahi, Narhiya O.P., Dist.- Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Laukahi P.S. Case No. 139 of 2023.
3. As per prosecution case, there has been recovery of total 135 liters of Nepali liquor from a plastic bag and beneath the Mango tree.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the
Patna High Court CR. MISC. No.48535 of 2024(2) dt.11-07-2024 2/2 alleged recovery of liquor. On the basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he is in custody since 22.04.2024. From perusal of the para3 of the petition, it appears that the petitioner having similar nature of antecedents.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 139 of 2023, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.
7. The petitioner shall furnish his bail bonds after completion of five months in custody from today. (Nawneet Kumar Pandey, J) Arish/- U T