Om Prakash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28694 of 2023 Arising Out of PS. Case No.-926 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== OM PRAKASH KUMAR YADAV S/O AWADHESH YADAV R/O VillageShivrajpur, Ward No. 08, P.S- Nautan, Distt.- West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Bettiah Town P.S. Case No.926 of 2022 dated 10.12.2022 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 7.5 litres of foreign liquor from the possession of co-accused Gulshan Kumar and as per allegation this petitioner and co-accused Gulshan Kumar were arrested at the spot with the alleged liquor and a motorcycle but in fact the petitioner had no knowledge about the alleged liquor and he

Patna High Court CR. MISC. No.28694 of 2023(2) dt.17-05-2023 2/2 bonafidely took lift on the said motorcycle and he has been languishing in jail since 11.12.2022 and against him there is criminal antecedent of one case in which he is on bail. Further submissions are that against the petitioner the investigation has been completed and after the submission of the charge-sheet the Court concerned has taken cognizance of the alleged offences but till date the trial of the petitioner has not started. 4.

Per contra, learned APP appearing 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 Bettiah Town P.S. Case No.926 of 2022 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) sangam/- U T