Patna High CourtCR. MISC./33650/2021bail granted

Shiv Shankar Yadav v. The State Of Bihar

2021-12-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33650 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- KATORIYA District- Banka ====================================================== SHIV SHANKAR YADAV Son of Paneshwar Yadav Resident of Village - Katahara, P.S.- Suiya, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Katoriya P.S. Case No. 63 of 2021, registered for the offence punishable under Sections 30(a), 32(2) and 56(d) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 497.545 liters of illicit liquor from a scorpio vehicle and the petitioner is stated to be the driver.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.33650 of 2021(2) dt.13-12-2021 2/2 he is languishing in custody since 26.3.2021. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka cum Special Excise in connection with Katoriya P.S. Case No. 63 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T