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Patna High CourtCR. MISC./6337/2022bail granted

Amar Kumar Yadav v. The State Of Bihar

2022-03-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6337 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== AMAR KUMAR YADAV Son of Bhumi Yadav Resident of Village - Sonbarsa, P.s.- Shankarpur, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Shankarpur P.S. Case No. 37 of 2021 instituted for the offences under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2022, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the allegation is of recovery of 1108 litres of liquor from Samudaik Vikash Bhawan.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot nor the Samudaik Vikash Bhawan belongs to him, it is a public place and based on

Patna High Court CR. MISC. No.6337 of 2022(2) dt.08-03-2022 2/2 suspicion, the petitioner came to be implicated falsely. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case and he was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Madhepura in connection with Shankarpur P.S. Case No. 37 of 2021. Learned counsel for the petitioner submits that inadvertently in the party position of the bail application, the father of the petitioner has been shown as late when he is alive, as such the same is permitted to be rectified in the bail application.

(Satyavrat Verma, J) Rishi/- U T