Tinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17766 of 2021 Arising Out of PS. Case No.-362 Year-2020 Thana- RUPASPUR District- Patna ====================================================== TINKU YADAV, SON OF LATE SATISH KUMAR, R/O - SABARI NAGAR, P.S.- RUPASPUR, DISTRICT- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Yogesh Chandra Verma, Sr. Advocate Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-08-2021 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 FIR, on receiving secret information a raid was conducted. It is stated that seeing the police personnel the five named accused persons including the petitioner herein as also two unknown managed to escape. A total amount of 2224.930 litres of IMFL was recovered. It is submitted by learned senior counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner. The petitioner has

Patna High Court CR. MISC. No.17766 of 2021(4) dt.31-08-2021 2/2 been falsely implicated in the case and has also been implicated in several other cases subsequent to lodging of the instant FIR. Co-accused Rahul Kumar has been enlarged on bail vide dated 6.4.2021 passed in Cr.Misc. No. 8708 of 2021. The petitioner is in custody since 12.1.2021 and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made together with the period in custody and grant of bail to co-accused Rahul Kumar, the petitioner is directed to be enlarged on bail in connection with Special Case no. 6305 of 2020 (arising out of Rupaspur P.S. Case no. 362 of 2020) 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.

(Partha Sarthy, J) Spd/- U T