Sanjiv Yadav @ Tribhuwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32872 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== SANJIV YADAV @ TRIBHUWAN YADAV Son of Late Laksho Yadav Resident of Village- Khemtarni Asthan, PS- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Umesh Prasad, Advocate For the Opposite Party/s :

Ms Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 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 Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Suryagarha Police Station (for brevity, PS) Case No 105 of 2023 dated 06.04.2023 registered for the offence punishable under Sections 30 (a), 32 (3) and 37

(1) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 2 litres of illicit country made liquor was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.32872 of 2023(2) dt.24-05-2023 2/2 The petitioner was allegedly in intoxicated state. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal cases, as stated in paragraph 3 of the bail petition in which he is on bail. He is in custody in this case since 07.04.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV -cumSpecial Excise Court I, Lakhisarai in Suryagarha PS Case No 105 of 2023 dated 06.04.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T