Patna High CourtCR. MISC./56780/2023disposed

Deepu Yadav @ Deepak Yadav v. The State Of Bihar

2023-08-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56780 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Deepu Yadav @ Deepak Yadav Son Of Late Bagad Yadav @ Ram Pravesh Yadav Resident Of Village - Khatkachak, Nailey, Police Station - Vishnupad, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Vishnupad P.S. Case No. 20 of 2023 dated 15.01.2023, lodged under Section 30(a) of the Bihar Prohibition & Excise Amendment Act.

4. As per the prosecution case, the total recovery of 17.190 litre of Indian made foreign liquor has been made from the possession of the petitioner, which is the subject matter of the present case.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.56780 of 2023(2) dt.30-08-2023 2/2 petitioner is innocent and has committed no offence. Counsel submits that there are four criminal cases pending against the petitioner in which out of four cases, only one case is related to excise matter. Counsel submits that the petitioner is in custody since 07.06.2023.

6. Learned counsel for the State opposes the prayer for bail and submits that at the time of granting bail, the antecedent of the petitioner may be taken into consideration.

7. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected.

8. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and the Trial Court is directed to release him on bail thereafter imposing its own conditions so that he may not evade his appearance during trial.

9. With this observation, the bail application stands rejected.

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