Patna High CourtCR. MISC./86520/2024bail granted

Bira Yadav @ Biralal Yadav v. The State Of Bihar

2025-01-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86520 of 2024 Arising Out of PS. Case No.-1808 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Bira Yadav @ Biralal Yadav S/O Chandrika Rai Resident of village - Laxmipur Gadariya, P.S- Raghunathpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1808 of 2024 dated 22.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1000 litres of illicit spirit was recovered from the Mahindra Bolero Pick-up vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Udesh Kumar and

Patna High Court CR. MISC. No.86520 of 2024(2) dt.18-01-2025 2/2 Arjun Kumar. The petitioner is neither the owner nor the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 30.10. 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Excise P.S. Case No. 1808 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T