Dinanath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59216 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Dinanath Yadav Son of Late Chaudhary Yadav R/O Village - Harikirtan Bigha, P.S.- Deo, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Muffasil P.S. Case no.222 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 19.875 liters of IMFL was recovered from the Scooty in question, registered owner of which happens to be the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The vehicle in question was sold to one Upendra Yadav much prior to the date of occurrence and only fault of the petitioner is that he did not take steps for registration of the vehicle in the name of the purchaser. The petitioner has no criminal

Patna High Court CR. MISC. No.59216 of 2024(2) dt.19-09-2024 2/2 antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, no incriminating article having been recovered from the petitioner's possession, submissions made by learned counsel for the petitioner and the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Muffasil P.S. Case no.222 of 2024 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 Special Judge of Excise-01, Aurangabad, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Saurabh/- U T