Dilip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64692 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- LADANIA District- Madhubani ====================================================== DILIP KUMAR YADAV S/O RAJ KUMAR YADAV Resident of villageBhupatti, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 332, 353, 302, 272, 273 and 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, after seeing the police party, a motorcycle born miscreant left his motorcycle and pushed the informant and his associate as a result of which they fell on the ground and miscreant fled away. In the meantime, a scorpio rashly dashed the informant and his associate due to which his associate namely H.C. Deoraj got badly injured and during treatment he succumbed to injury. On search 90 liters of Nepali liquor has recovered from the said motorcycle.

Patna High Court CR. MISC. No.64692 of 2022(4) dt.13-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is not named in the FIR. He submitted that during investigation, the name of the petitioner has come into light, on the basis of confessional statement of co-accused Vivek Kumar Yadav, which has got no evidentiary value in the eyes of law. The petitioner has no concern either with the seized vehicle or the liquor. He submitted that there is no consistent evidence and no eye-witness to show that the petitioner has involved in the alleged crime. He further submitted that the other co-accused has already been grated bail by this Bench vide order dated 28.03.2023 passed in Cr. Misc. No. 66630 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 01.09.2022. The application for bail is opposed by learned APP for the State.

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

Patna High Court CR. MISC. No.64692 of 2022(4) dt.13-04-2023 3/3 of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Ladania P.S. Case No. 264 of 2022.

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