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Patna High CourtCR. MISC./240/2024allowed

Deepu Yadav v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.240 of 2024 Arising Out of PS. Case No.-141 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Deepu Yadav Son of Brahamdev Yadav Resident of Village- Chhattarpur Dhattatol, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for bail in a case registered for the offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 72 liers of Nepali liquor from two motorcycles.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of secret informant received by the police. He no concern with the alleged recovery or with the vehicles in question. Neither the petitioner was arrested on spot nor any

Patna High Court CR. MISC. No.240 of 2024(2) dt.12-01-2024 2/2 incriminating article has been recovered from his conscious possession. Similarly situated co-accused namely, Devendra Yadav has already been enlarged on bail by another coordinate Bench of this Court vide order dated 11.05.2023 passed in Cr. Misc. No. 7815 of 2023. Petitioner is languishing in judicial custody since 09.10.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 141 of 2022.

(Sunil Kumar Panwar, J) lata/- U T