Patna High CourtCR. MISC./65461/2024bail granted

Amit Yadav @ Amit Kumar Rai v. The State Of Bihar

2024-09-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65461 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Amit Yadav @ Amit Kumar Rai S/o Mahesh Yadav R/o vill - Necknaam Tola, P.S. - Barhara, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 303(2), 317(2) of B.N.S. Act and 30(a) of the Bihar Prohibition and Excise Amendment Act 2018, registered in connection with Barhara P.S. Case No. 233 of 2024.

3. As per prosecution case, there has been recovery of 300 liters of country made mahua liquor from a scooty.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern either with the alleged recovery of liquor or with the wine in question. No

Patna High Court CR. MISC. No.65461 of 2024(2) dt.19-09-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Moreover, petitioner is a person of clean antecedent and he is in custody since 28.07.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, especially the clean antecedent, the petitioner, abovenamed, is directed to furnish bail bond after two months from today and on doing so, he shall 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 learned Exclusive Special Judge, Excise Court-1st, Bhojpur at Ara in connection with Barhara P.S. Case No. 233 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) priyanka/- U T