Bhawani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25880 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== BHAWANI YADAV Son Of- Sri Bifan Yadav, Resident Of Village- Jamuni, P.S.- Mohanpur, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-05-2023

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

2. Petitioner seeks regular bail in connection with Barachatti(Mohanpur) P.S. Case No. 206 of 2023, dated 23.02.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 122.680 litres of indian made foreign liquor and the same is stated to have been recovered from a Honda City Car and as per allegation, petitioner was found sitting in the said car at the time of recovery of the alleged wine but in fact the petitioner was driving the said vehicle when the vehicle was intercepted and he had no knowledge about the seized loaded wine in his car and

Patna High Court CR. MISC. No.25880 of 2023(2) dt.16-05-2023 2/2 the alleged wine was not recovered from his conscious possession and he has been languishing in jail since 23.02.2023 having fair and clean antecedent and against him the investigation has been completed.

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

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Barachatti(Mohanpur) P.S. Case No. 206 of 2023. (Shailendra Singh, J.) maynaz/- U T