Singaldeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29110 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== SINGALDEEP YADAV Son of Late Laxmi Yadav R/o Village - Semara Nawada, P.S.- Yadopur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Harendra Prasad, learned counsel for the petitioner and Ms. Madhuri Lata, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Yadavpur P.S. Case No. 173 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that 30.800 litres of illicit liquor has been recovered from a bush situated behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has got no criminal antecedent. Learned counsel further submits that from perusal of the First Information Report and the seizure

Patna High Court CR. MISC. No.29110 of 2021(2) dt.06-12-2021 2/3 list, it would be evident that the illicit liquor has been recovered from a bush situated behind the house of the petitioner which is an open space accessible to all and sundry. He next submits that the petitioner is in custody since 7.2.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Regards being had to the submissions made by the parties and taking into consideration the materials on record, the fact that the illicit liquor has not been recovered from conscious possession of the petitioner and/or from the house belonging to him, the petitioner is in custody since 7.2.2021 having no criminal antecedent and charge sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Gopalganj, in connection with Yadavpur P.S. Case No. 173 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.29110 of 2021(2) dt.06-12-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T