Sanjit Kumar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Sanjit Kumar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on bail in connection with Deodha P.S. Case No. 70 of 2024 upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani.

Issue for consideration

Whether regular bail should be granted to the petitioner in a case registered for the offence punishable under sections 274, 275 and 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act (Deodha P.S. Case No. 70 of 2024), involving alleged recovery of 135 liters of country made liquor.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail in connection with Deodha P.S. Case No. 70 of 2024 on furnishing bail bond 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 Act, Madhubani.

Detailed headnote1 paragraphs

Bail - Regular bail granted - Petitioner (Sanjit Kumar Yadav) apprehended by police after two bikers tried to flee; search of his bike yielded recovery of altogether 135 liters of country made liquor - Offence registered under sections 274, 275 and 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act (Deodha P.S. Case No. 70 of 2024, District Madhubani) - Counsel claimed innocence, false implication, no recovery from conscious possession, no criminal antecedent, and custody in jail since 08.08.2024 - APP opposed - Considering facts and circumstances, court enlarged the petitioner on bail on furnishing bail bond 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 Act, Madhubani (Ashok Kumar Pandey, J) (Oral Order dated 08-10-2024).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72680 of 2024

Arising Out of PS. Case No.-70 Year-2024 Thana- DEODHA District- Madhubani

======================================================

Sanjit Kumar Yadav Son of Ghuran Yadav Resident of Village- Lakchmipur, P.S- Jaynagar, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 08-10-2024

Heard learned counsel for the petitioner and learned

APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 274, 275 and 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

According to the case of prosecution, two bikers were intercepted by the police and they tried to flee away but this petitioner was apprehended with the help of the police personnel. After search, on his bike, altogether 135 liters of country made liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.72680 of 2024(2) dt.08-10-2024 2/2

from the conscious possession of the petitioner. He has no concern either with the seized liquor or with the alleged bike. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.08.2024.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Deodha P.S. Case No. 70 of 2024 on furnishing bail bond 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 Act, Madhubani.

(Ashok Kumar Pandey, J)

shubham/-

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