Patna High CourtCR. MISC./28751/2023bail granted

Anish Kumar Yadav @ Mota Yadav v. The State Of Bihar

2023-05-18Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28751 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== ANISH KUMAR YADAV @ MOTA YADAV Son of Ashish Yadav @ Chunnu Yadav, Resident of village- Bind Toli, P.S.- Ara Nagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

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

2. Petitioner seeks regular bail in connection with Ara Town P.S. Case No. 192 of 2023, dated 07.03.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 229.44 litres of English wine and the alleged wine is stated to have been recovered from bush, near the house of this petitioner and merely on the basis of suspicion, petitioner has been dragged in this case. Further submissions are that the petitioner is a young person and he has been languishing in jail since 07.03.2023 having no criminal antecedent and against the

Patna High Court CR. MISC. No.28751 of 2023(2) dt.18-05-2023 2/2 petitioner 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 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 in connection with Ara Town P.S. Case No. 192 of 2023.

(Shailendra Singh, J.) maynaz/- U T