Patna High CourtCR. MISC./62221/2024bail granted

Mithilesh Kumar Yadav v. The State Of Bihar

2024-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62221 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Mithilesh Kumar Yadav Son of Hari Narayan Yadav R/o Village- Logadi Gadiyani, P.S.- Sirha Jyoti, District- Sirha (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 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 Ladaniya P.S. Case No. 213 of 2024 dated 14.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 42.750 litres of illicit Nepali country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the motorcycle. The name of the petitioner has sprung up in this case on mere

Patna High Court CR. MISC. No.62221 of 2024(2) dt.12-09-2024 2/2 suspicion. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.07.2024.

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 period of custody, the petitioner abovenamed, 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, Madhubani in connection with Ladaniya P.S. Case No. 213 of 2024.

7. The application stands allowed.

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