Avinash Kumar Yadav @ Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86217 of 2024 Arising Out of PS. Case No.-1151 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Avinash Kumar Yadav @ Abhinash Kumar S/o- Sanjiv Yadav Village- Mahua ward no 14 PS- Ghailarh OP District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura (Ghailarh) P.S. Case no.1151 of 2024 registered under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a raid being conducted, 380 bottles of 100 ml each of Corex cough syrup was recovered and the petitioner was caught. The other accused managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The petitioner is in custody since 5.10.2024 and has no antecedent under the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.86217 of 2024(3) dt.17-01-2025 2/2

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 allegation against the petitioner in the FIR, his having remained in custody since 5.10.2024, charge-sheet having been submitted in the case and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Madhepura (Ghailarh) P.S. Case no.1151 of 2024 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-V-cumSpecial Judge, Excise-I, Madhepura. (Partha Sarthy, J) Shiv/- U T