Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30631 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Sanjay Yadav, Son Of Vasudev Yadav Resident Of Village- Chand Piper, Ward No.10, P.S.- Bhaptiyahi, District-Supaul. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.Arun Kumar ====================================================== 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 Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 31.500 litre of liquor from the cowshed of the petitioner.

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 petitioner has falsely implicated alleging that the cowshed belongs to him, when admittedly, petitioner is not the owner of

Patna High Court CR. MISC. No.30631 of 2023(2) dt.23-05-2023 2/2 the cowshed and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term because of his antecedents.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No.2, Supaul in connection with Supaul Excise P. S. Case No.12 of 2023, 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