Kapil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63519 of 2024 Arising Out of PS. Case No.-451 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== KAPIL YADAV Son of Krishna Yadav Resident of village - Dalli Bigha, P.S.- Belaganj, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Adv.
For the State :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Belaganj P.S. Case No. 451 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation, on a secret information, the informant along with police personnel raided the place of occurrence and recovered total 190 liters of country-made liquor from the bank of the river. It is further alleged that the petitioner is said to be indulged in manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.63519 of 2024(3) dt.16-12-2024 2/2 committed no offence. He submitted that nothing was recovered from the possession of the petitioner rather the recovery was made from the bank of the river. Moreover, the petitioner is a person of clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having considered the facts and circumstances of the case as also the fact that nothing was recovered from the possession of the petitioner and the petitioner having no criminal antecedent, the petitioner is directed to surrender before the learned Court below and seeks regular bail which shall be disposed of preferably on the same day without being prejudiced by this order.
7. Granting the said liberty, the bail application stands disposed of.
(Nawneet Kumar Pandey, J) Arish/- U T