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Patna High CourtCR. MISC./9740/2024allowed

Shushant Kumar @ Bulu Yadav v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9740 of 2024 Arising Out of PS. Case No.-711 Year-2023 Thana- TEKARI District- Gaya ====================================================== Shushant Kumar @ Bulu Yadav, aged about 23 years, Gender-Male, S/oFani Yadav @ Mani Yadav @ Sanjay Kumar Yadav, Resident of Vill- Bahelia bigha PS- Tekari Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Tekari P.S. Case No.711 of 2023 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation in the FIR, total 50 liters of country made mahua liquor was recovered

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner has not been arrested at the spot and his name transpired from the confessional statement of co-accused Chandan Kumar. Petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.9740 of 2024(2) dt.19-02-2024 2/2 stated in para-3 of the petition and petitioner is in custody since 03.12.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and submission made on behalf of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released 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 Exclusive Special Excise Judge, Court No.2, Gaya in connection with Tekari P.S. Case No. 711 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T