Patna High CourtCR. MISC./64425/2023bail granted

Pappu Yadav v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64425 of 2023 Arising Out of PS. Case No.-740 Year-2021 Thana- NAWADA District- Nawada ====================================================== PAPPU YADAV S/O LATE RAMBALAK YADAV @ BALAK YADAV RESIDENT OF VILLAGE- GONDAPUR, P.S- NAWADA, DISTT.- NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Nawada Town P.S. Case No. 740 of 2021 registered for the offence under Sections 33, 34, 36 of the Excise Act, 2016.

4. As per the prosecution case, the brother of the informant and maternal uncle celebrated Holi after consuming spurious liquor, in the evening, maternal uncle died and when his brother returned after cremation of his uncle and having taken meal, started vomiting and died, thereafter U.D. Case has been registered and converted into FIR.

Patna High Court CR. MISC. No.64425 of 2023(2) dt.11-10-2023 2/2

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner and the other co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 54460 and 2023 and Cr. Misc. No. 5252 of 2023.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 24.05.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody and also for the reasons mentioned in Cr. Misc. No. 54460 and 2023 and Cr. Misc. No. 5252 of 2023, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, 1st Nawada in connection with Nawada Town P.S. Case No. 740 of 2021.

(Sandeep Kumar, J) Vikas/- U