Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8290 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- KHUTAUNA District- Madhubani ====================================================== RAMESH YADAV SON OF HARERAM YADAV RESIDENT OF VILLAGE JATAHI, P.S. KHUTAUNA, DISTRICT MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Pd. Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-05-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Khutauna P.S. Case no. 105 of 2020 registered under sections 272, 273 and 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on checking of the Bolero vehicle in question, it is stated that a total of 243.750 litres of IMFL was recovered while two accused persons managed to escape. Petitioner was identified as one of the two accused who had managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

2/2 because of his antecedent and no incriminating article has been recovered from his possession. He has no concern with the vehicle in question. He is in custody since 17.8.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khutauna Police Station Case No. 105 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Spd/- U T