Deepu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50 of 2024 Arising Out of PS. Case No.-165 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Deepu Yadav Son of Brahamdev Yadav Resident of Village-Chhatapur, Dhattatol, P.S.- Andhramath, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Andhramath P.S. Case No. 165 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, total 141 litre illicit liquor has been recovered from three motorcycles in question. It is further alleged that local people disclosed the names of petitioner and others who succeeded in fleeing away from place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.50 of 2024(2) dt.23-01-2024 2/3 further submitted that petitioner was not apprehended on spot and the seized motorcycles do not belong to the petitioner. The name of petitioner has been surfaced in the present case on basis of disclosure of local people. Except disclosure there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner has no knowledge about the alleged recovery. It is further submitted that due to previous criminal antecedents of the petitioner, he has been falsely roped in the present case without any basis. Petitioner is in custody since 09.10.2023. Learned counsel orally submits that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears bears criminal antecedent of four cases.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise

Patna High Court CR. MISC. No.50 of 2024(2) dt.23-01-2024 3/3 Act, Jhanjharpur, District Madhubani in connection with Andhramath P.S. Case No. 165 of 2022, subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T