Patna High CourtCR. MISC./67913/2023bail granted

Mithilesh Kumar Yadav v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67913 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- LADANIA District- Madhubani ====================================================== MITHILESH KUMAR YADAV SON OF BADRI YADAV VILLAGELADANIYA, PS- LADANIYA, DIST- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Ladaniya P.S. Case No. 169 of 2023 / G.R. No. 991 of 2023 registered for the offence under Sections 272, 273, 34 of the Indian Penal Code and 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016, 2022.

4. As per the prosecution case, the recovery is of 54 liters of illicit liquor from a Motorcycle.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this

Patna High Court CR. MISC. No.67913 of 2023(2) dt.18-10-2023 2/2 case and nothing has been recovered from the possession the conscious possession of the petitioner.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 25.06.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, 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 the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 169 of 2023 / G.R. No. 991 of 2023.

10. The petitioner will mark his attendance at Ladaniya Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T