Ghanshyam Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21683 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ghanshyam Singh Yadav @ Ghanshyam Singh, Son Of Navaratana Singh R/O Village- Malthar, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. It is submitted by learned counsel for the petitioner that the defects which are still standing on the part of the petitioner as per office report, can be removed in course of the day.
3. Permission is accorded.
4. Petitioner seeks regular bail in connection with Udwant Nagar P.S. Case No. 11 of 2023 dated 07.01.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
5. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 189.75 litres of country made foreign liquor and the
Patna High Court CR. MISC. No.21683 of 2023(2) dt.17-05-2023 2/3 same is stated to have been recovered from a Scorpio vehicle and the petitioner was not arrested at the spot of recovery and he is not owner of the alleged seized vehicle, in fact another person namely Binod Kumar Yadav is owner of the said vehicle and the petitioner has been made accused in this case merely on suspicion and he has been wrongly shown as driver of the alleged vehicle. Further submissions are that the petitioner has fair and clean antecedent and against him, the investigation has been completed.
6. Per Contra, the learned APP for the State has vehemently opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.
8. Accordingly, let the petitioner named-above be enlarged 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 Court concerned in connection with Udwant Nagar P.S. Case No. 11 of 2023.
Patna High Court CR. MISC. No.21683 of 2023(2) dt.17-05-2023 3/3
9. The order will be pronounced after removal of all the defects as pointed out by the office.
(Shailendra Singh, J) annu/- U T