Patna High CourtCR. MISC./3367/2020bail granted

Dev Narayan Yaddav @ Chhotu Yadav @ Chhotu v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3367 of 2020 Arising Out of PS. Case No.-39 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== Dev Narayan Yaddav @ Chhotu Yadav @ Chhotu Son of Sri Sundeshwar Yadav Resident of Village - Barhi Raguwara (Behatwara), P.S.- Keoti, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs.Babita Kumari, Adv.

Mr. Arya Achint, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Keoti P.S. Case No. 39 of 2019 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 139.95 liters of illicit liquor from the shop of the co-accused person, namely, Mithun Kumar Yadav and he is stated to have disclosed on interrogation that the petitioner and other accused persons are his accomplice.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.3367 of 2020(2) dt.21-01-2020 2/2 further submitted that no recovery has been effected from the conscious possession of the petitioner and the petitioner is languishing in custody since 18.11.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no recovery of illicit liquor has been made from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds 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), Darbhanga in connection with Keoti P.S. Case No. 39 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T