Patna High CourtCR. MISC./54235/2024bail granted

Birendra Kumar Yadav v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54235 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- MADHEPUR District- Madhubani ====================================================== Birendra Kumar Yadav son of Yogendra Narayan Yadav @ Yogendra Yadav R/V- BOCHAHI, P.S.- MADHEPUR, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 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 Madhepura P.S. Case No. 61 of 2024 dated 28.05.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 120 litres of illicit country made liquor was recovered from the bag which was kept on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said seized vehicle. The name of the petitioner was disclosed by the local

Patna High Court CR. MISC. No.54235 of 2024(2) dt.29-07-2024 2/2 chaukidar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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 Madhepura P.S. Case No. 61 of 2024.

7. The application stands allowed.

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