Ram Pravesh Yadav @ Pahari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54837 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== Ram Pravesh Yadav @ Pahari Yadav Son of Moti Yadav Resident of Village - Kerwa, P.S.- Saharghat, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode. The petitioner seeks regular bail in connection with G.R. No. 1103 of 2022 arising out of Saharghat P.S. Case No. 130 of 2022 lodged under Sections 272, 273 & 34 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, total recovery of 360 litre Nepali wine is the subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the said recovery has been made at 2 places. One is

Patna High Court CR. MISC. No.54837 of 2022(2) dt.25-11-2022 2/2 on motorcycle and another is at barren place which is nearby of the petitioner's house. Counsel submits that there is a gross violation of Section 100 of Cr.P.C. in preparation of the seizure list. Counsel submits that antecedent of the petitioner is clean and he is in custody since 09.08.2022, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with G.R. No. 1103 of 2022 arising out of Saharghat P.S. Case No. 130 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T