Patna High CourtCR. MISC./75112/2023bail granted

Deonath Yadav v. The State Of Bihar

2023-12-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75112 of 2023 Arising Out of PS. Case No.-446 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== DEONATH YADAV SON OF LATE KARI YADAV RESIDENT OF VILLAGE -DORWAR, PS- JAYNAGAR, DIST- MADHUBANI ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Jaynagar P.S Case No. 446 of 2022 dated 17.11.2022 registered for the offence punishable u/s 272, 273, 414 read with section 34 of the Indian Penal Code and u/ss 30(a) and 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 900 litres of illicit liquor was recovered from the four different cars. It is further submitted that the petitioner is engaged in illegal trade of liquor.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.75112 of 2023(2) dt.07-12-2023 2/2 petitioner is neither the owner nor the driver of the said vehicle. It is further submitted that the petitioner has no concern with the alleged recovery. No incriminating article has been recovered from the possession of the petitioner. No case is made out against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani in connection with Jaynagar P.S. Case No. 446 of 2022 (G.R. NO. 2233 of 2022), subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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