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Patna High CourtCR. MISC./85296/2023bail granted

Ramanand Yadav @ Guddu Yadav v. The State Of Bihar

2024-03-19Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85296 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== RAMANAND YADAV @ GUDDU YADAV Son of Late Rambabu Yadav R/o village Barha (mirchak), P.S.- Manigachhi Bajitpur (O.P.) DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-03-2024 Heard Mr. Vinay Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Manigachhi Bajitpur (O.P.) P.S. Case No. 219 of 2023 registered for the offence(s) punishable under Sections 147, 148, 149, 323, 325, 427, 353 and 333 of the Indian Penal Code and Section 30(a) and 45 Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 7.25 litres of foreign liquor has been recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been

Patna High Court CR. MISC. No.85296 of 2023(2) dt.19-03-2024 2/2 falsely implicated in this case. It is further submitted that recovery of the alleged liquor has been made near the boundary wall of the petitioner's house, which is made by bamboo sticks on the road side, which is accessible to anyone and petitioner has no concern with the alleged seized liquor. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, (Excise Act), Darbhanga in connection with Manigachhi Bajitpur (O.P.) P.S. Case No. 219 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T