Bhuletan @ Girjesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64785 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Bhuletan @ Girjesh Yadav Son of Suryadev Prasad Resident of VillageThikrour, Police Station - Makhdumpur (Tehta O.P.), District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 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 Jehanabad Town P.S. Case No. 273 of 2024 dated 09.04.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act, section 414 of the IPC and sections 21(1AA), 25(1B)a, 26, 35 of the Arms Act.
3. As per the prosecution case, total 9 litres of illicit foreign liquor was recovered from the rented room of the coaccused Vicky Kumar and two live cartridges were recovered from the possession of the co-accused, namely, Shailesh Kumar.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.64785 of 2024(2) dt.21-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the course of investigation. The other co-accused person has already been granted bail by this court vide order dated 22.08.2024 passed in Cr. Misc. No. 51115/2024. The petitioner has no concern with the alleged recovery. The petitioner has five criminal antecedents out of which he is on bail in three other cases as stated in para 3 of the bail petition. The petitioner is in custody since 09.07.2024.
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, Jehanabad in connection with Jehanabad Town P.S. Case No. 273 of 2024, with the 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 is liable to be cancelled.
Patna High Court CR. MISC. No.64785 of 2024(2) dt.21-09-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T