Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18647 of 2021 Arising Out of PS. Case No.-772 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Shankar Yadav, aged about -31 years, Male, Son of Hira Yadav resident of Village- Lohsinghna, P. S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Akbarpur P S Case No. 772 of 2020 instituted for the offence under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

A raid has been conducted in the various area leading to recovery of 2600 litres Mahua solution and 100 litres of country made Mahua liquor. The implication of the petitioner along with co-accused Naresh Yadav is based on the statement of local persons that they were indulging in manufacture.

Patna High Court CR. MISC. No.18647 of 2021(2) dt.02-11-2021 2/3 Petitioner's counsel submits that in a similar manner, he has earlier been implicated in two more cases, as per disclosure made in paragraph No.3 of the bail petition. He is on bail in both the cases. In the instant case, he is in custody since 23.12.2020. Submission is that recovery is not in accordance with law and the identification of the petitioner is doubtful. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge Nawada, in connection with Akbarpur PS Case No. 772 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.18647 of 2021(2) dt.02-11-2021 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T