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Patna High CourtCR. MISC./7753/2023bail granted

Mantu Yadav v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7753 of 2023 Arising Out of PS. Case No.-532 Year-2022 Thana- GAURICHAK District- Patna ====================================================== MANTU YADAV S/o Mohan Yadav R/o village- Chaksurat Tola, P.S.- Gaurichak, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gaurichak P.S. Case no.532 of 2022 registered under sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a raid being conducted, 30 litres of country liquor was recovered from the bushes behind the godown of the petitioner.

4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession or from his premises. He is in custody since 25.12.2022 and has no criminal antecedent under the

Patna High Court CR. MISC. No.7753 of 2023(2) dt.29-04-2023 2/2 Bihar Prohibition and Excise Act, 2016. Charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, his being in custody for 4 months since 25.12.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Gaurichak P.S. Case no.532 of 2022 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 Special Judge Excise, Patna City, Patna. (Partha Sarthy, J) Shiv/- U T