Patna High CourtCR. MISC./14890/2022bail granted

Surendra Yadav v. The State Of Bihar

2022-03-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14890 of 2022 Arising Out of PS. Case No.-153 Year-2017 Thana- NAWADA MUFFASIL District- Nawada ====================================================== SURENDRA YADAV Son of Rambriksh Yadav Resident of Village - Akauna, P.S.- Muffasil, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in connection with a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was dismissed as withdrawn vide order dated 8.10.2021 passed in Cr. Misc. no.50087 of 2021. On merits, it is submitted that as per the prosecution case, on information having been received about the three accused persons including the petitioner herein having brought much quantity of liquor, a raid was conducted. The accused persons managed to escape and 1152 litres of IMFL was seized. It is submitted that neither the petitioner was arrested at the place of occurrence nor any incriminating article

Patna High Court CR. MISC. No.14890 of 2022(2) dt.30-03-2022 2/2 was recovered from his possession. The cause of his false implication is his antecedents. He is in custody since 30.6.2021 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 facts of the case, the petitioner not having been arrested at the place of occurrence and having remained in custody for about 9 months, the Court directs the petitioner to be enlarged on bail in connection with Muffasil P.S. Case no.153 of 2017 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 Excise Special Court I, Nawada.

(Partha Sarthy, J) Saurabh/- U T