Patna High CourtCR. MISC./22504/2020allowed

Dinesh Yadav v. The State Of Bihar

2020-08-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22504 of 2020 Arising Out of PS. Case No.48 Year-2019 Thana- Brahmpur District-Buxar ====================================================== Dinesh Yadav (Male) aged about 38 years Son of Bihari Yadav Resident of Village- Balua, P.S.- Brahmpur, District Buxar ... ... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar Singh, Advocate For the Opposite Party : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 26-08-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Brahmpur P.S. Case No. 48 of 2019 (CIS Excise-191/2019, Excise G.R. 159 of 2019 for the offences under Section 414/34 of the Indian Penal Code, Sections 25(1-B)a, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Learned counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner. In the instant case, total 264 litres of country made wine was seized and the persons, who were carrying illicit wine and arms and ammunitions, have been granted bail by a coordinate Bench of this Court. The allegation against the petitioner is that country made wine was being carried by them for supply to the petitioner. Petitioner is in custody since

05.02.2020.

Considering the fact that those persons, who were carrying illicit wine and arms and ammunitions, have been granted bail, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum- Special Judge Excise, Buxar in connection with Brahmpur P.S. Case No. 48 of 2019 (CIS Excise-191/2019, Excise G.R. 159 of 2019. (Anil Kumar Upadhyay, J) BT/- U T