Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58315 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Rajesh Yadav S/o- Shankar Yadav Village- Sahodar Patti Ps- Mahuadih DistDoriya U.P ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Mishra For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Sripur P.S. Case No. 88 of 2024, registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
3. As per allegation, on a secret information, the informant along with other police personnel apprehended the petitioner and two other persons with a car. Thereafter, in course of search, total 432.720 litre foreign liquor has been recovered from the seat and dikky of the car.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.58315 of 2024(2) dt.21-08-2024 2/3 that the petitioner is innocent and has falsely been implicated. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is under custody since 09.06.2024 and he is a person of clean antecedents.
5. On the other hand, learned APP has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, the petitioner, above-named, is directed to furnish bail bond after two months from today and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII-cum-Special Judge Excise-I, Gopalganj in connection with Sripur P.S. Case No. 88 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
7. In the meantime, the criminal antecedent of the petitioner shall be verified from the S.P. Deoria, Uttar Pradesh as well as from the S.P. , Gopalganj and if it is found that he is not involved in any other case, his bail bond
Patna High Court CR. MISC. No.58315 of 2024(2) dt.21-08-2024 3/3 shall be accepted. The bail bond shall not be accepted before verification of the criminal antecedent. If it is found that he is involved in any other case, his bail bond shall not be accepted.
(Nawneet Kumar Pandey, J) SONALI/- U T