Bali Yadav @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69701 of 2021 Arising Out of PS. Case No.-443 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== BALI YADAV @ BIRENDRA YADAV ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 At the outset, the learned counsel for the petitioner seeks to make certain correction in paragraph no.1 of the present petition. The petitioner may do so, during the course of the day.

The petitioner seeks regular bail in connection with Rajauli P.S. Case No. 443 of 2021, registered for the offence punishable under sections 414 of the Indian Penal Code and section 30(a) of Bihar Prohibition & Excise Act, 2016..

The allegation is regarding recovery of 54 liters of illicit Muhua liquor from the motorcycle of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 04.09.2021. The learned counsel for the petitioner has further submitted that the seizure list has been

Patna High Court CR. MISC. No.69701 of 2021(2) dt.08-06-2022 2/2 prepared in violation of the provisions contained in section 100 of the Cr. P.C.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Addl. Sessions Judge-II cum Special Judge, Nawada in connection with Rajauli P.S. Case No. 443 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T