Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55895 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Umesh Yadav, aged about 36 Years son of Bhuneshwar Prasad Yadav @ Bhuneshwar Prasad , R/o Village- Bazwatari Ps- Rajauli Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioner and Mr. Rana Randhir Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajauli P.S. Case No. 173/2024 registered for the offence(s) punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 20 litres of illicit liquor was recovered from the dickey of a motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner has surfaced in the present case on the basis of confessional statement of co-accused Sikandar Choudhary and confessional

Patna High Court CR. MISC. No.55895 of 2024(2) dt.31-08-2024 2/2 statement made before police has no evidentiary value. He further submitted that petitioner has no concern either with the seized motorcycle or with the alleged recovered liquor.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-02, Nawada in connection with Rajauli P.S. Case No. 173/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T