Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28082 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== Umesh Yadav Late Kailash Yadav Resident Of Village- Raghunathpur Dakhin Tola P S Raghunathpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Siwan Excise P.S. Case No. 67 of 2023 dated 20.01.2023 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 90 litres of illicit country-made liquor and as per seizure list the said wine is stated to have been recovered from a bush, though the petitioner is alleged to have been arrested at the spot of recovery but the alleged wine was not recovered from his physical or constructive possession, in actual the petitioner was passing near the place of recovery at the time of recovery and he

Patna High Court CR. MISC. No.28082 of 2023(2) dt.17-05-2023 2/2 has fair and clean antecedent and has been languishing in jail since 21.01.2023 and against him the investigation has been completed.

4.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5.

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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6.

Accordingly, let the petitioner named-above be enlarged on bail in connection with Siwan Excise P.S. Case No. 67 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Shahnawaz/- U T