Patna High CourtCR. MISC./35130/2023bail granted

Namuna Yadav v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35130 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== NAMUNA YADAV SON OF KASHINATH YADAV Resident of VillageBarki Sahjoli, P.S- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 Durgawati P.S. Case No. 61 of 2023 dated 17.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 348 litres of illicit liquor has been recovered from the vehicle of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.35130 of 2023(2) dt.25-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is driver of the said car. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2023. 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, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 61 of 2023.

The application stands allowed.

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