Pravin Kumar @ Gorelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70265 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Pravin Kumar @ Gorelal Yadav Son of Rameshwar Prasad @ Rameshwar Yadav, Resident of Village- Patrang, P.S.- Akbarpur, District- at Nawada. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Akbarpur P.S. Case No. 148 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and alleged recovery of 42 liters wine from the incomplete house belongs to Santu Yadav. The petitioner is in custody since 04.09.2019 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.70265 of 2019(2) dt.04-12-2019 2/3 bail.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that the under construction house from where the recovery of 42 liters of wine have been recovered belongs to Shantu Yadav and not to this petitioner, the petitioner has no criminal antecedent and has remained in custody since 04.09.2019, let the petitioner above named be released on bail in connection with Akbarpur P.S. Case No. 148 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Nawada, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or

Patna High Court CR. MISC. No.70265 of 2019(2) dt.04-12-2019 3/3 tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T