Baudhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25887 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- ATRI District- Gaya ====================================================== Baudhu Yadav Son Of Late Natho Yadav Resident Of Village Phul Bigha ,PS Atri ,DIST Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Atri P.S. Case No. 121 of 2023 dated 07.03.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 70 litres of illicit mahua liquor and the same is stated to have been recovered from the petitioner's house but infact, no recovery as alleged in the FIR has been made either from the conscious possession of this petitioner or from his house and in the present matter he has been falsely implicated by the police and there is no independent witness of search and seizure of the alleged

Patna High Court CR. MISC. No.25887 of 2023(2) dt.15-05-2023 2/2 liquor and the petitioner has fair and clean antecedent and he has been languishing in jail since 08.03.2023 and against him the investigation has been completed.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the 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 concerned Court in connection with Atri P.S. Case No. 121 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T