Ashok Yadav @ Shalok Kumar @ Ashlok Kumar @ Ashlok Yadav @ Awdhesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69376 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Ashok Yadav @ Shalok Kumar @ Ashlok Kumar @ Ashlok Yadav @ Awdhesh Rai, Male, aged about 22 years, Son of Ayodhya Prasad Yadav @ Ayodhya Ray, Resident of Village- Koirgaawan, PS- Kotwa, Distt.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate For the Opposite Party :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== 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 seeks bail in connection with Dhanha P.S. Case No. 51 of 2024 dated 13.03.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 1123.200 litres of illicit English liquor was recovered from the Pick-up van which was being driven by the co-accused Munilal Mahto.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.69376 of 2024(2) dt.21-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the name of the petitioner has come in the present case on the basis of the confessional statement of the co-accused Munilal Mahto which has got no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner. The vehicle in question does not belong to the petitioner. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Munilal Mahto, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 34440 of 2024 under order dated 07.05.2024, annexed as Annexure- P/3 to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 19.08.2024.

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, the petitioner, above named, 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 Special Judge, Excise, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 51 of

Patna High Court CR. MISC. No.69376 of 2024(2) dt.21-09-2024 3/3 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T