Shankar Yadav @ Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45006 of 2021 Arising Out of PS. Case No.-213 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== Shankar Yadav @ Ramesh Singh S/O Dwarika Singh @ Dwarika Yadav R/O Village-Nawadih, P.S-Koran Sarai, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on information having been received a raid was conducted. While the accused persons managed to escape, on search a total 7413.840 litres of liquor was recovered from the truck. On inquiry it transpires that a group consisting of twelve accused persons which included the petitioner herein were involved in the trade of liquor. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedents. He was neither arrested at the spot

Patna High Court CR. MISC. No.45006 of 2021(6) dt.31-03-2022 2/2 nor any incriminating article has been recovered from his possession. He is in custody since 9.4.2021. It is further submitted that in compliance of the directions of this Court, the petitioner has deposited cost of Rs.20000/ with the Patna High Court Legal Services Committee and has filed a copy of the receipt thereof along with supplementary affidavit. As the copy of the supplementary affidavit is not on record, the original supplementary affidavit which is being filed by the petitioner in Court is taken on record. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the submissions made together with the petitioner having been remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Nawanagar P.S. Case no. 213 of 2019/ Ex GR no. 664 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge, Excise, Buxar.

(Partha Sarthy, J) Bibhash/- U