Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2933 of 2024 Arising Out of PS. Case No.-387 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pappu Yadav, aged about 30 years (Male), S/O Late Rambalak Yadav @ Balak Yadav, Resident Of Village- Gondapur P.S.- Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 As per Office Report, the case diary has not been received as yet.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Nawada (Town) P.S. Case No.387 of 2021 registered for the offence under Sections 33, 34 and 36 of the Excise Act.

4. Prosecution case relates to recovery of six empty pouches of illicit liquor on the eve of Holi. 5.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 11.10.2022. He next

Patna High Court CR. MISC. No.2933 of 2024(3) dt.11-03-2024 2/2 submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. Nos.13094 of 2023 and 13889 of 2023. The case diary is not required in this present matter.

6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and also contended that there is no requirement of case diary 7.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Nawada (Town) P.S. Case No.387 of 2021 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 Excise Judge-I, Nawada.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T