Shyam Kumar @ Shamu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43446 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- GAYA RAIL P.S. District- Gaya ====================================================== SHYAM KUMAR @ SHAMU YADAV SON OF LATE SATYENDRA PRASAD YADAV @ SACHU YADAV R/O VILLAGE- MUSTAFABAD, WARD NO.30, P.S.- RAMPUR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2022 Heard the learned counsel for the senior petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R.P. Rail Gaya P.S. Case No. 30 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The allegation is regarding the petitioner having been caught by the police on railway platform and on search one bottle of illicit foreign liquor containing 750 ml was recovered. The learned senior counsel for the petitioner Shri Ramakant Sharma has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 23.02.2021. The learned senior

Patna High Court CR. MISC. No.43446 of 2021(2) dt.02-03-2022 2/2 counsel for the petitioner has further submitted that since the petitioner is having a bad antecedent, he has been made an accused in the present case. It is also submitted that in some of the cases the petitioner has been granted bail, however, he is yet to be granted bail in most of the cases.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned senior counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II-cum-Special Judge, Excise Act, Gaya in connection with G.R.P. Rail Gaya P.S. Case No. 30 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T