Ramekbal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88916 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Ramekbal Yadav Son of Sobhit Yadav Resident of Village- Budhaura, Ward No. 15, P.S.- Khirauna, District- Sirha, Nepal ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 273 of 2024 dated 23.09.2024 registered for the offences punishable u/ss 274, 275, 317(5) read with Section 3(5) of the B.N.S. and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 225 litres of illicit Nepali country made liquor was recovered from the Pickup vehicle which was being driven by the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. The
Patna High Court CR. MISC. No.88916 of 2024(2) dt.17-02-2025 2/2 petitioner is only the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jaynagar P.S. Case No. 273 of 2024 (G.R. Case No. 1333 of 2024).
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T