Video Yadav @ Bdo Yadav @ Harishankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77599 of 2024 Arising Out of PS. Case No.-238 Year-2016 Thana- HASANPUR District- Samastipur ====================================================== Video Yadav @ BDO Yadav @ Harishankar Yadav S/O Ramadhar Yadav R/O Vill.- Kubotan (Jhajhra), P.S - Kusheshwara Sthan , Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2024

1. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 238 of 2016 for the offence punishable under Section 47(A) of Bihar Prohibition and Excise Act, 2022.

3. The allegation is regarding recovery of 73.440 litres of illicit liquor from the field of one Late Bindeshwari Mukhlya.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 06.09.2024. The learned counsel for the petitioner has further submitted that neither any illicit liquor has been recovered from the possession of the petitioner nor the field from where the same has been recovered, belongs to the petitioner and the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.77599 of 2024(2) dt.22-11-2024 2/2 present case merely on the basis of the confessional statement of the co-accused person, namely Kishan Kumar, who has already been granted the privilege of regular bail by this Court, vide order dated 09.12.2021, passed in Cr. Misc. No.29636 of 2021.

5. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the illicit liquor has not been recovered from the field of the petitioner but from the field of one Late Bindeshwari Mukhiya, I deem it fit and proper to direct for release of the petitioner on regular bail.

7. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge (Excise)-I, Samastipur, in connection with Hasanpur P.S. Case No. 238 of 2016.

(Mohit Kumar Shah, J) sonal/- U T