Patna High CourtCR. MISC./69976/2024bail granted

Birendra Yadav v. The State Of Bihar

2024-09-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69976 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- Ramgarh Chowk District- Lakhisarai ====================================================== Birendra Yadav son of Jagdish Yadav Village- Sisma, P. S. - Ramgarh Chowk, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narsingh Tanti, Adv For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ramgarh Chowk P.S. Case No. 122 of 2024 dated 07.08.2024 registered for the offences punishable u/s 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 15 litres of illicit country made liquor was recovered from the tempo and 50 mg/100ml of illicit liquor was detected during the breath analyzer test from the body of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.69976 of 2024(2) dt.25-09-2024 2/2 this case. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said seized vehicle and the same was not being driven by him at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.08.2024

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 as well as the nature of allegation levelled against the petitioner and the period of custody, 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 Court concerned, Lakhisarai in connection with Ramgarh Chowk P.S. Case No. 122 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T