Pallav Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8353 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== PALLAV KUMAR YADAV S/o Shiv Nandan Yadav Resident of Vill.- Dudhaila, P.S.- Andhramath, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Pd. Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Andhramath P.S. Case no. 95 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 FIR, on search 34.8 litres of Nepali liquor and 54 litres of liquor were recovered from two motorcycles and the petitioner was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner who has been falsely implicated in the case only on the basis of suspicion. He has no concern

Patna High Court CR. MISC. No. 8353 of 2021(2) dt.01-06-2021 2/2 either with the two motorcycles nor with seized liquor. The motorcycle belongs to co-accused Pramod Yadav who has been enlarged on bail. The petitioner has no criminal antecedent and is in custody since 14.8.2020. Chargesheet has been submitted in the case.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner not having any criminal antecedent and grant of bail to co-accused Pramod Yadav, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Andhramath P.S. Case no. 95 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 Act), Madhubani.

(Partha Sarthy, J) Spd/- U T