Shivjee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30642 of 2023 Arising Out of PS. Case No.-435 Year-2021 Thana- ATRI District- Gaya ====================================================== Shivjee Yadav Son Of Late Krity Yadav @ Late Kirity Yadav Resident Of Village - Chahal Mudera, P.S. - Atri, District - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Sections 30(a)(d) of the Excise Act. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 400 litres of liquor solution found near a river. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place, which is accessible to public at large and does not belong to the petitioner and he came to be implicated by the Chaukidar with whom, he

Patna High Court CR. MISC. No.30642 of 2023(2) dt.23-05-2023 2/2 is on an inimical term because of his antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Gaya in connection with Atri P. S. Case No.435 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T