Patna High CourtCR. MISC./90023/2024bail granted

Dilip Yadav v. The State Of Bihar

2025-02-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90023 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Dilip Yadav Son of Ramaswarath Yadav Resident of Village - Parvati Tol, Ward No. 12, Police Station - Rahika, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Town Excise P.S. Case No. 295 of 2024 arising out of G.O. Case No. 2674 of 2024 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 4428 liters of illicit Nepali liquor from the Kirana shop of the petitioner. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. The name of the petitioner has transpired in this case on the basis of the secret information. The

Patna High Court CR. MISC. No.90023 of 2024(3) dt.27-02-2025 2/3 petitioner has never indulged in any type of trade of liquor. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents and is languishing in judicial custody since 23.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town Excise P.S. Case No. 295 of 2024 arising out of G.O. Case No. 2674 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

Patna High Court CR. MISC. No.90023 of 2024(3) dt.27-02-2025 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T