Pawan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87051 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Pawan Yadav S/o-Ramjatan Yadav Resident of village -Dhoi (Dhoyee), P.S.- Sadar, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Jha For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Dsadar (Darbhanga) Police Station Case No. 310 of 2024, dated 25.080.2024, disclosing offences punishable under Sections 30(a)/38(1)/41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution story, as per the First Information Report, is that the police, on secret information, reached near the place of occurrence and found that a truck was standing in the mango orchard near Durga Mandir and on seeing the police, all the persons present there managed to escape. On search of the truck, the police recovered 3058.56 liters
Patna High Court CR. MISC. No.87051 of 2024(2) dt.13-12-2024 2/2 of illicit foreign liquor.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case with ulterior motive and the name of the petitioner transpired in this case on the basis of disclosures of his name by the local chowkidar. He further submits that the petitioner is neither the owner nor the driver of the truck in question. He further submits that the petitioner is in custody since 18.11.2024.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is having criminal antecedents of similar nature of offence and appears to be habitual offender, I am not inclined to grant regular bail to the petitioner at this stage.
6. This application is, accordingly, dismissed.
7. However, the petitioner may renew his prayer for regular bail after three months from today, if the trial does not show any progress.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √