Patna High CourtCR. MISC./66367/2024bail granted

Veyas Yadav v. The State Of Bihar

2024-12-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66367 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- DURAULI District- Siwan ====================================================== Veyas Yadav, Male, aged about 40 years, S/O Late Sorath Yadav, R/O VillageKakriyadih Balhu Tola Tari, P.S.- Darauli, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raghav Prasad, Advocate For the Opposite Party :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Darauli P.S. Case No. 133 of 2024 dated 13.05.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 200 litres of country made liquor was recovered from three sacks. It is further alleged that the petitioner and two other co-accused persons Shambhu Bind and Dilip Bind are alleged to have fled away from the place of occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.66367 of 2024(3) dt.16-12-2024 2/3 present case. The petitioner was not arrested from the spot. No incriminating article has been recovered from his possession. He has no concern with the alleged offence. There is no compliance of Section 100 of the Cr.P.C. It is further submitted that due to criminal antecedent of the petitioner, he has been remanded in the present case from another case. The petitioner has nineteen criminal antecedents and in all cases, he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 10.06.2024.

5. Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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 the learned Special Excise Court No.-I, Siwan in connection with Darauli P.S. Case No. 133 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are

Patna High Court CR. MISC. No.66367 of 2024(3) dt.16-12-2024 3/3 liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T