Navlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69980 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- KASMA District- Aurangabad ====================================================== NAVLESH YADAV S/O JAGDEV YADAV Resident of village- Sahnu, P.S.- Bodh Gaya (M.U.), District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Kasma P.S. Case No. 137 of 2022 registered for the offences punishable under Sections 30(a), 32 (ii), (iii), 41(i) (ii) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 131.655 litres of illicit liquor from a Tata Indigo car and 17.280 litres of illicit liquor from the motorcycle being driven by the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.69980 of 2022(2) dt.09-02-2023 2/3 been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 12.10.2022. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 6 of the present petition, that the petitioner is not the owner, either of the car in question or the motorcycle in question.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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

Patna High Court CR. MISC. No.69980 of 2022(2) dt.09-02-2023 3/3 of learned Special Judge, Excise-1st, Aurangabad in connection with Kasma P.S. Case No. 137 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T