Patna High CourtCR. MISC./47022/2021bail granted

Pinkesh Yadav v. The State Of Bihar

2021-12-10Mr. Justice Satyavrat Verma2 pages

THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47022 of 2021 Arising Out of PS. Case No.-260 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== Pinkesh Yadav Son of Chandra Shekhar Yadav Resident of Village - Malhipur, P.S.- Hasanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 260 of 2019 dated 12.12.2019 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.12.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47022 of 2021(2) dt.10-12-2021 2/2 allegation is of recovery of 3260 liters liquor from a truck. Learned counsel for the petitioner submits that the petitioner has been implicated in the present case merely on the ground that the informant alleges that it were the named accused persons in the F.I.R. who had brought the liquor for selling. Learned counsel further submits that the entire allegation as alleged in the F.I.R. has been based on suspicion without any concrete evidence against the petitioner.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.12.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Samastipur in connection with Hasanpur P.S. Case No. 260 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T