Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77490 of 2024 Arising Out of PS. Case No.-160 Year-2020 Thana- YADOPUR District- Gopalganj ====================================================== Rajesh Yadav S/O Gopal yadav R/O Village Sipaya Naharpar, P.SVishambharpur, District - Gopalganj At Present Resident of VillageBhagawanpur, P.S- Nautan, District - West Chamaparan(Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with (Trial no. 2264 of 2024) Jadopur P.S. Case no. 160 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being conducted one Rampravesh Yadav was arrested and 380 litres of country liquor was recovered. It is stated that one of the accused managed to escape. Rampravesh Yadav disclosed the name of the accused who had managed to escape as the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither was he arrested at the spot nor does he have any concern with the seized liquor. The cause of false implication is his antecedents.

Patna High Court CR. MISC. No.77490 of 2024(3) dt.28-11-2024 2/2 He is in custody since 10.9.2024 and undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner not having arrested at the spot and his having remained in custody since 10.9.2024, the petitioner is directed to be enlarged on bail in connection with (Trial no. 2264 of 2024) Jadopur P.S. Case no. 160 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XIII-cum-Special Judge Excise Court no.1, Gopalganj.

(Partha Sarthy, J) avinash/- U T