Patna High CourtCR. MISC./62534/2024bail granted

Ashok Kumar Yadav @ Ashok Yadav v. The State Of Bihar

2024-09-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62534 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Ashok Kumar Yadav @ Ashok Yadav Son of Late Sanif Prasad Yadav R/VVillage- Hariraha (Ward No. -05), P.S.- Karjain, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bhaptiyahi P.S. Case No. 79 of 2024 dated 01.04.2024, lodged under Sections 279, 337, 338 of the Indian Penal Code read with section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total 327.600 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that one accused person has been arrested by the police

Patna High Court CR. MISC. No.62534 of 2024(2) dt.04-09-2024 2/2 who has disclosed the name of the present petitioner. Counsel submits that nothing incriminating has been recovered from the petitioner's possession. Counsel further submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Court No.1, Supaul in connection with Bhaptiyahi P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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