Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58865 of 2021 Arising Out of PS. Case No.-367 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Ravindra Yadav S/O Satyanand Yadav R/O Chak Chechaul, P.S-Naubatpur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Naubatpur PS case no. 367 of 2020 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 60 liters of illicit countrymade mahua liquor from the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 13.07.2021. The learned counsel for the petitioner has further submitted that the seizure memo was pasted at the door of the house of the petitioner but in fact, the petitioner is not living in the

Patna High Court CR. MISC. No.58865 of 2021(2) dt.29-03-2022 2/3 said house in question. It is also submitted that only because of the bad antecedent of the petitioner, the petitioner has been falsely implicated in the present case, however it is submitted that in case, this Hon'ble Court imposes any appropriate condition for the purposes of grant of bail to the petitioner, the petitioner will not have any objection.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner was not present in the house in question, from where the illicit liquor was seized apart from the fact that the seizure list suffers from non-compliance of the provisions contained under Section 100 of the Code of Criminal Procedure, though I deem it fit and proper to admit the petitioner to the privilege of bail but subject to certain conditions. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise Act, Patna in connection with Naubatpur PS case no. 367 of 2020. It is further directed that in case, the petitioner is made an accused henceforth in a similar type of case under the

Patna High Court CR. MISC. No.58865 of 2021(2) dt.29-03-2022 3/3 provisions of the Bihar Prohibition and Excise Act, 2016, the present privilege of bail being extended to the petitioner shall stand cancelled forthwith and the petitioner shall be taken into custody. (Mohit Kumar Shah, J) rinkee/- U T