Mahanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15894 of 2021 Arising Out of PS. Case No.-90 Year-2017 Thana- KURSAKANTA District- Araria ====================================================== MAHANAND YADAV Son of Rambriksha Yadav Resident of VillageMalparasi, P.S.- Kursakanta (Sonamani Godam), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., it is stated that 162 litres of Nepali liquor was recovered and on inquiry it transpired that prior to the police arriving there the petitioner and two accused persons who were standing nearby had fled away. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his possession. He has no concern with the seized article. He is in custody since 11.11.2020 and

Patna High Court CR. MISC. No.15894 of 2021(2) dt.06-08-2021 2/2 investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 8 months, the Court directs the petitioner to be enlarged on bail in connection with Kursakanta (Sonamani Godam) P.S. Case no. 90 of 2017 corresponding to Special Case No. 1497 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Araria. (Partha Sarthy, J) Bibhash U