Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51700 of 2022 Arising Out of PS. Case No.-195 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== RAKESH YADAV, Son of Late Radheshyam Yadav, Resident of VillageChhaparadhi, Police Station - Khajauli, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Khajaoli P.S. Case No. 195 of 2021 registered for the alleged offences under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 720 liters of Nepali country made liquor was recovered from a bamboo orchard when the police reached there on a tip off. Three persons fled away from there and the villagers named this petitioner as one of the fleeing accused.

Patna High Court CR. MISC. No.51700 of 2022(2) dt.22-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was named in this case merely on suspicion. Charge sheet has been submitted in this case and the petitioner is in custody since 02.04.2022. The petitioner has got no criminal history.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and also considering the submission of charge sheet along with period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IIcum-Special Judge Excise Court, Madhubani in connection with Khajuli P.S. Case No. 195 of 2021, subject to the conditions

Patna High Court CR. MISC. No.51700 of 2022(2) dt.22-11-2022 3/3 mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T