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Patna High CourtCR. MISC./11428/2022bail granted

Ragho Yadav v. The State Of Bihar

2022-05-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11428 of 2022 Arising Out of PS. Case No.-142 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== RAGHO YADAV SON OF RAMA SHANKAR YADAV RESIDENT OF VILLAGE- RAJPUR, POLICE STATION- RAGHUNATHPUR, DISTRICTSIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

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 the prosecution case, on information having been received about two persons hiding liquor, it is stated that a raid was conducted. Taking benefit of the surrounding conditions, both the accused managed to escape. The petitioner was identified amongst the accused who had escaped. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The petitioner has no concern either with the seized liquor nor with

Patna High Court CR. MISC. No.11428 of 2022(2) dt.17-05-2022 2/2 the vehicle from which it was allegedly seized. The cause of false implication of the petitioner is his antecedent. He is in custody since 15.12.2021 and chargesheet has been submitted in the case.

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

Having heard learned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot, no incriminating article having been recovered from his possession and the period in custody being 4 months, the Court directs the petitioner to be enlarged on bail in connection with Raghunathpur P.S. Case no.142 of 2021 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 Additional Sessions Judge, Special Excise Court-2, Siwan. (Partha Sarthy, J) Saurabh/- U T