Patna High CourtCR. MISC./77338/2024bail granted

Kaushalendra Kumar @ Kaushalendra Kumar Yadav v. The State Of Bihar

2024-12-13Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77338 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Kaushalendra Kumar @ Kaushalendra Kumar Yadav Lakshmi Yadav @ Laxmi Yadav Village- Majhaura, P.S.- Nadi Thana, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 274, 275, 317(5) and 3(5) of the B.N.S and Section 30 (a) of the Bihar Prohibition and Excise Act, registered in connection with Andhramath P.S. Case No. 117 of 2024.

3. As per prosecution case, on secret information the police party apprehended two persons from motorcycles and on search, total 102 liters of illicit liquor was recovered from two

Patna High Court CR. MISC. No.77338 of 2024(3) dt.13-12-2024 2/3 motorcycles.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. From the perusal of the FIR itself, it is clear that petitioner was not apprehended on spot rather his name has figured in this case only on the basis of confessional statement of apprehended co-accused. Petitioner has no concern with the alleged recovery of liquor and nothing was recovered from his possession. He further submitted that the other coaccused has already been granted bail by this Court vide order dated 08.10.2024 passed in Cr. Misc. No. 69154 of 2024. The petitioner is in custody since 13.09.2024.

5. Learned APP for the State has vehemently opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, 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 of learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 117 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when

Patna High Court CR. MISC. No.77338 of 2024(3) dt.13-12-2024 3/3 required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T