Patna High CourtCR. MISC./51925/2024bail granted

Anuj Kumar Yadav @ Anoj Yadav v. The State Of Bihar

2024-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51925 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- DEV District- Aurangabad ====================================================== Anuj Kumar Yadav @ Anoj Yadav Son of Kunwar Yadav R/V- MURGADA, P.S.- MADANPUR, DISTT.- AURNGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 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 Dev P.S. Case No. 126/2024 dated 09.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 159 litres of illicit country-made liquor was recovered from the four different motorcycles out of which 75 litres of country-made liquor was recovered from the motorcycle of the petitioner.

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 seized

Patna High Court CR. MISC. No.51925 of 2024(2) dt.08-08-2024 2/2 motorcycle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused has been granted regular bail by this Court vide order dated 15.07.2024 passed in Cr. Misc. No. 49904 of 2024. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 09.06.2024.

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, Aurangabad in connection with Dev P.S. Case No. 126/2024.

7. The application stands allowed.

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