Video Yadav @ BDO Yadav @ Harishankar Yadav v. The State of Bihar
Case at a glance
Provisions considered
Key paragraphs
- Para 77. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge (Excise)-I, Samastipur, in connection with Hasanpur P.S. Case…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH Mr.Shubhesh Pandey, Adv. Mr.Pronoti Singh, APP ORAL ORDER 2 22-11-2024
#1. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
#2. The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 238 of 2016 for the offence punishable under Section 47(A) of Bihar Prohibition and Excise Act, 2022.
#3. The allegation is regarding recovery of 73.440 litres of illicit liquor from the field of one Late Bindeshwari Mukhlya.
#4. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 06.09.2024. The learned counsel for the petitioner has further submitted that neither any illicit liquor has been recovered from the possession of the petitioner nor the field from where the same has been recovered, belongs to the petitioner and the petitioner has been falsely implicated in the Patna High Court CR. MISC. No.77599 of 2024(2) dt.22-11-2024 present case merely on the basis of the confessional statement of the co-accused person, namely Kishan Kumar, who has already been granted the privilege of regular bail by this Court, vide order dated 09.12.2021, passed in Cr. Misc. No.29636 of 2021.
#5. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail.
#6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the illicit liquor has not been recovered from the field of the petitioner but from the field of one Late Bindeshwari Mukhiya, I deem it fit and proper to direct for release of the petitioner on regular bail.
#7. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge (Excise)-I, Samastipur, in connection with Hasanpur P.S. Case No. 238 of
#2016. sonal/- U T (Mohit Kumar Shah, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.