Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 78452 of 2019 Arising Out of PS. Case No.-838 Year-2019 Thana- ATRI District- Gaya ====================================================== Dinesh Yadav(Male), aged about 30 years, Son of Udesh Yadav @ Udwesh Yadav Resident of Village- Narawat, Police Station- Atri and District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manish Kumar No2, Advocate For the Opposite Party :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Atri P.S. Case No. 383 of 2019, registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 50 litres of Mahua liquor apart from 1200 Kgs. of molasses and other equipments used for manufacturing of illicit liquor from the public lane and the petitioner is said to have been subsequently arrested upon secret information received by the police.

The learned counsel for the petitioner submits that the place from where the alleged illicit liquor etc. have been recovered is a public lane, hence, the complicity of the petitioner does not stand proved. It is further submitted that because of the poor antecedents of

Patna High Court CR. MISC. No. 78452 of 2019(2) dt.02-12-2019 2/2 the petitioner, he has been falsely implicated in the present case. Lastly it is submitted that the petitioner is languishing in custody since 17.10.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya in connection with Atri P.S. Case No. 383 of 2019.

(Mohit Kumar Shah, J) BT/- U T