Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23390 of 2023 Arising Out of PS. Case No.-67 Year-2021 Thana- ARER District- Madhubani ====================================================== SHYAM YADAV Son of Manipal Yadav R/V- Fatehpur Natha, PS- Billari Dist- Muradabad, State (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Arrer P.S. Case No. 67 of 2021 corresponding to G.R. No. 1410 of 2021 registered under section 272 467 468 471 and 120(B) on Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that there is recovery of 4762.185 litres of illicit liquor. Petitioner has offered to deposit Rs. 50,000/- in Ram Krishna Mission

Patna High Court CR. MISC. No.23390 of 2023(2) dt.17-05-2023 2/3 Sevashrama, Swani Vivekanand Path, Bela, Muzaffarpur, Bihar842002. The petitioner is from Uttar Pradesh. He has two similar antecedent and also he is in custody since 20.02.2023. Learned A.P.P. has vehemently opposed the prayer for bail.

Petitioner has granted regular bail. Let the petitioner, above named, be released on bail after framing of charge and on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction learned Additional Session Judge-II cum Special Judge, Excise Act, Madhubani in connection with Arrer P.S. Case No. 67 of 2021 corresponding to G.R. No. 1410 of 2021.

Petitioner's bail bond shall be accepted only after he produces the receipt of Rs. 50,000/- issued by Ram Krishna Mission Sevashrama, Swani Vivekanand Path, Bela, Muzaffarpur, Bihar-842002 and after verification of the genuineness of the receipt.

Since the petitioner is from Uttarpradesh, the Court below is directed to verify the recent address of the petitioner before releasing him and one of the bailor should be blood relative of the petitioner and he shall be released after framing of charge.

Patna High Court CR. MISC. No.23390 of 2023(2) dt.17-05-2023 3/3 The verification process shall be initiated by Court below just after the communication of the copy of this order to the Court below.

(Sandeep Kumar, J) Sunnykr/- U T