Bhuletan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19166 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- BUXAR District- Buxar ====================================================== Bhuletan Yadav Son of Late Bajrangi Yadav Resident of Village- Sohanipatti, (Bus Stand), P.S.- Buxar (Town), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Buxar Nagar P.S. Case no. 58 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on an information having been received about sale of liquor, a raid was conducted. On seeing the police personnel it is stated that the accused persons attempted to escape but were caught and disclosed their name as Rupa Devi and Bhuletan Yadav, the petitioner herein. It is further stated that 16.2 litres of liquor was recovered. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from possession of

Patna High Court CR. MISC. No.19166 of 2020(4) dt.30-06-2020 2/2 the petitioner. Even as per the FI.R., the place of recovery is stated to be outside the house. The petitioner has no criminal antecedent and is in custody since 7.2.2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent, his being in custody since 7.2.2020 and charge sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Buxar Nagar P.S. Case no. 58 of 2020 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise, Buxar. (Partha Sarthy, J) Bibhash/- U T