Patna High CourtCR. MISC./65500/2023allowed

Praful Yadav @ Soudagar Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65500 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Praful Yadav @ Soudagar Kumar S/O- Ranjit Yadav Village- Thegraha W.No3, Ps- Sour Bazar Dist- SAharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code, 25 (1-B)A/26/35 of the Arms Act, section 8/20 (b) (ii) (A) of the N.D.P.S. Act, and u/s 30 (a) of the Bihar Prohibition & Excise Act.

3 As per FIR, it is a case of recovery of country-made pistol, 510 gram of contraband, i.e., ganja and 5 litres of illicit liquor alleged to be recovered from the house of the accused.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. The name of the petitioner is disclosed by co-accused in his confessional statement. Petitioner is not apprehended on the spot and other

Patna High Court CR. MISC. No.65500 of 2023(2) dt.13-10-2023 2/2 accused who have specific overt act in this case enlarged on bail vide Annexure-2. The petitioner is in custody since 13.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to Additional the satisfaction of learned Addl. District & Sessions Judge - V-cum-Spl. Judge Excise Act1st, Madhepura, in connection with Madhepura P.S. Case No. 273/2023.

(Sunil Kumar Panwar, J) sanjeev/- U T