Patna High CourtCR. MISC./1648/2025bail granted

Ram Kumar Yadav v. The State Of Bihar

2025-02-14Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1648 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Ram Kumar Yadav S/O Rambriksh Yadav Resident of Village - Kamlawari, Sahuriya, Police Station - Jaynagar, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 50 of 2024 registered for the offence under Sections 272, 273 / 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of total 472.5 liters of illicit liquor from inside Alto Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner was not arrested on spot and there is no independent witness of the

Patna High Court CR. MISC. No.1648 of 2025(2) dt.14-02-2025 2/2 seizure list. The petitioner is in custody since 17.11.2024 and has got no criminal antecedent. It is also submitted that in similar situation co-accused has already granted bail in Cr. Misc. Nos. 28899 of 2024, 42817 of 2024 and 28899 of 2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, materials on record, co-accused have already granted bail by the Co-ordinate Bench of this Court and submissions made on behalf of the petitioner let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum- Special Judge, Excise, Madhubani in connection with Jaynagar P.S. Case No. 50 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U