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Patna High CourtCR. MISC./61219/2017bail granted

Satyendra Yadav @ Sato Yadav v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61219 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -WAINA District- NALANDA (BIHARSHARIFF) ====================================================== Satyendra Yadav @ Sato Yadav, Son of Bineshar Yadav @ Vindeshwar Yadav, resident of Village- Akauna, P.S.- Ben, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ben P.S. Case No.120 of 2017 instituted for the offences under Sections 30/30(a)/35(a)/35(b) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is that while the petitioner was apprehended, he disclosed that accused persons were coming on various vehicles along with the illicit liquor and subsequently, illicit liquor is said to have been recovered from the said vehicles coming from behind which were being driven by co-accused persons.

Patna High Court Cr.Misc. No.61219 of 2017 (2) dt.21-12-2017 2/2 The learned counsel for the petitioner submits that the petitioner is innocent and no recovery has been effected from his conscious possession. It is submitted that the petitioner has got a clean antecedent and is languishing in custody since 03.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act cum Additional Sessions Judge-Vith, Nalanda in connection with Ben P.S. Case No.120 of 2017.

(Mohit Kumar Shah, J) N.H./- U T