Patna High CourtCR. MISC./49024/2024allowed

Bhola Yadav v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49024 of 2024 Arising Out of PS. Case No.-91 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Bhola Yadav, aged about 23 years, Male, Of Lochan Yadav @ Lochan Rai @ Lochan Ray, Village- Bhaghara, Ps- Patori, (MOHANPUR Op) DistSamastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bindeswari Singh, Advocate For the Opposite Party :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur Patori (Mohanpur O.P) P.S Case No. 91 of 2022 dated 10.03.2022 registered for the offences punishable u/ss 272 and 273 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 20 litres of illicit country made liquor was recovered from the gallon behind the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.49024 of 2024(2) dt.10-07-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2024 as per impugned order dated 29.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Shahpur Patori (Mohanpur O.P) P.S Case No. 91 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T