Mohan Yadav @ Mohan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70478 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MOHAN YADAV @ MOHAN PRASAD YADAV Son of Late Ramchandra Prasad Yadav Resident of Village - Raghunathpur, P.s.- S. Kamal Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard.

The petitioner seeks regular bail in connection with S. Kamal P.S. Case No. 188 of 2021, registered for the offence punishable under sections 120(b), 414 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 51.348 liters of foreign liquor from the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody custody since 06.08.2021. The learned counsel for the petitioner has further submitted that the petitioner has already been sufficiently punished on account of the period of his

Patna High Court CR. MISC. No.70478 of 2021(2) dt.09-06-2022 2/2 custody already undergone.

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 of the petitioner, 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 Additional Sessions Judge II, cum Special Judge, Excise Act, Begusarai in connection with S. Kamal P.S. Case No. 188 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T