Patna High CourtCR. MISC./25947/2024bail granted

Uday Rai @ Uday Kumar Yadav @ Uday Kumar v. The State Of Bihar

2024-04-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25947 of 2024 Arising Out of PS. Case No.-35 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Uday Rai @ Uday Kumar Yadav @ Uday Kumar Son Of Santo Rai @ Satyanarayan Rai Resident Of Village - Mahishi (BAMBIYA), Police Station - Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Excise P.S Case No. 35 of 2014 registered for the offences punishable under Sections 47(a) of Bihar Excise Act.

3. As per prosecution case, total 840 litre illicit liquor was recovered from the Tata Magic.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. It

Patna High Court CR. MISC. No.25947 of 2024(2) dt.08-04-2024 2/2 is also submitted that petitioner is in judicial custody since 20.01.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-02, Samastipur in connection with Excise P.S Case No. 35 of 2014.

(Ramesh Chand Malviya, J) Mayank/- U T