Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8315 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== MUKESH YADAV Son of Sadhu Yadav Resident of Village - Bhagwanpur, P.S.- Nautan, District - Betiah (West Champaran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-05-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jadopur P.S. Case no. 26 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on information having been received a raid was conducted. It is stated that the accused persons on seeing the police personnel escaped on a boat in the river. The petitioner was identified as one of the accused who managed to escape.

It is submitted by learned counsel for the petitioner that the allegations levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No. 8315 of 2021(2) dt.27-05-2021 2/2 one earlier case under the Excise Act pending against him. No incriminating article has been recovered from his possession nor was he arrested at the spot. He is in custody since 9.10.2020 and charge-sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard the learned counsel for the parties and taking into consideration the facts and circumstance of the case including the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Jadopur P.S. Case no. 26 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 Additional Sessions Judge-II- Cum- Special Judge Excise, Gopalganj.

(Partha Sarthy, J) Prakash/- U