Goverdhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31729 of 2023 Arising Out of PS. Case No.-4 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== GOVERDHAN YADAV Son of Girija Shankar Yadav Resident of Village - Dhankadha, P.S.- Sasaram (M), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashikant For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sasaram (M) P.S. Case No. 04 of 2020 dated 04.01.2020 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act. As per the prosecution case, total 10461.6 litres of foreign liquor was recovered from a truck.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-

Patna High Court CR. MISC. No.31729 of 2023(2) dt.22-05-2023 2/2 accused Chandan Kumar Singh. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused Chandan Kumar Singh has already been granted bail by the co-ordinate bench vide order dated 21.06.2021 passed in Cr. Misc. No. 4520 of 2021. The petitioner is also accused in three more criminal cases in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 04 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T