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Patna High CourtCR. MISC./51687/2024bail granted

Dewnandan Kumar Yadav @ Devnandan Yadav @ Devnandan Kumar v. The State Of Bihar

2024-07-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51687 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Dewnandan Kumar Yadav @ Devnandan Yadav @ Devnandan Kumar Son of Raj Kumar Yadav Resident of Vill- Mahdeva (Mahadeva) Ward No.03, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through N.C.B. Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha,, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 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 Andhramath P.S. Case No. 67/2024 dated 13.04.2024 registered for the offences punishable u/s 30(a) and 41 of the Bihar Prohibition and Excise Act and Sections 20(b)(ii)B, 25, 8b of the NDPS Act.

3. As per the prosecution case, total 828 litres of illicit country-made liquor and 17.13 kg ganja were recovered from the scorpio. The petitioner was arrested while he was trying to flee away from the scorpio.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.51687 of 2024(2) dt.22-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.04.2024.

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, Madhubani in connection with Andhramath P.S. Case No. 67/2024, with the conditions:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty

Patna High Court CR. MISC. No.51687 of 2024(2) dt.22-07-2024 3/3 to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T