Patna High CourtCR. MISC./62120/2024bail granted

Dilkhush Yadav v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62120 of 2024 Arising Out of PS. Case No.-1467 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Dilkhush Yadav son of Yogendra Yadav Resident of village- Konar, Ward No 05, PS- Fulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Patna P.S. Case No. 1467 of 2024 dated 20.06.2024 registered for the offences punishable u/s 30(a), 32(1)(3), 36, 41(1)(2) and 56(b) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 398 litres of illicit liquor and liquor making apparatus were recovered from the shop.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said shop. The

Patna High Court CR. MISC. No.62120 of 2024(2) dt.04-09-2024 2/2 petitioner has no concern with the alleged recovery rather the recovery has been made from the shop which is accessible to all general public. The name of the petitioner has transpired in this case merely on the basis of the suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Excise Patna P.S. Case No. 1467 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T