Patna High CourtCR. MISC./19581/2023bail granted

Mahendra Yadav v. The State Of Bihar

2023-05-09Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19581 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== MAHENDRA YADAV, Male, age about 35 years, Son of Godhan Yadav Resident of village-Khangaon, P.S.-Chandi, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Chandi P.S. Case No. 31 of 2023 dated 04.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 60 litres of country made liquor and the same is stated to have been recovered from two sacks kept on a motorcycle but the petitioner had no concern with the said motorcycle and at the time of recovery, he was passing nearby the place of recovery and he was made accused merely on suspicion and he has fair and clean antecedent and has been

Patna High Court CR. MISC. No.19581 of 2023(2) dt.09-05-2023 2/2 languishing in jail since 05.02.2023 and against him, the investigation has been completed. Further submission is that the provision of Section 100(6) of Cr.P.C. was not followed by the police while preparing the seizure list.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly fair and clean antecedent of the petitioner and completion of the investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Chandi P.S. Case No. 31 of 2023 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.

(Shailendra Singh, J) Sanjay/- U T