Bhupendra Yadav @ Kharkan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88835 of 2024 Arising Out of PS. Case No.-384 Year-2021 Thana- Excise P.S. District- Madhepura ====================================================== Bhupendra Yadav @ Kharkan Yadav Son of Late Hari Rai Resident of VillRahata, Bhawanipur, Ward No. 02, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Excise Act.
3. As per prosecution case, 490.320 liters illicit liquor has been recovered from half constructed house situated behind the cow-shade of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to suspicion. Further submission is that the alleged recovery has been made from an open place. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.88835 of 2024(2) dt.20-01-2025 2/2
5. Learned A.P.P. for the State opposed the prayer for bail.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Excise Judge-II, Madhepura in connection with Excise Case No. 170 of 2021, arising out of Excise P.S. Case No. 384 of 2020-21, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T