Patna High CourtCR. MISC./64587/2023bail granted

Bigan Yadav v. The State Of Bihar

2023-10-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64587 of 2023 Arising Out of PS. Case No.-532 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== BIGAN YADAV, Male, aged about 27 years, S/O KHELAWAN YADAV R/o, VILLAGE- KAJIKATAR, PS- AKBARPUR, DIST- NAWADA. ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajauli P.S. Case No. 532 of 2022 dated 29.09.2022 registered for the offence(s) punishable under Section 30(a)(d) of the Bihar Prohibition and Excise Act.

3. As per allegation made in the FIR, 20 litres of country made liquor and other articles have been recovered from an abandoned place.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in this case. It is further submitted that the recovery of the illicit liquor has been made from an

Patna High Court CR. MISC. No.64587 of 2023(2) dt.17-10-2023 2/3 abandoned place which is accessible to public at large. It is lastly submitted that petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and also the fact that petitioner has clean antecedent and recovery of the alleged liquor has been made from an abandoned place, which is accessible to anyone, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Nawada in connection with Rajauli P.S. Case No. 532 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will

Patna High Court CR. MISC. No.64587 of 2023(2) dt.17-10-2023 3/3 automatically lose its force.

Sanjay/- (Purnendu Singh, J) U T