Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46822 of 2021 Arising Out of PS. Case No.-262 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== SURESH YADAV S/O SINGHESHAR YADAV R/o village- Mahisautha, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel for the petitioner and Ms. Renu Kumari, the learned APP for the State. The petitioner seeks regular bail in connection with Nanpur PS case no. 262 of 2019 instituted for the offences punishable under Sections 30(a), 38 of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 103.25 liters of illicit liquor from the hey house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 24.06.2021. The learned counsel for the petitioner has further submitted that the premises in question, from where the illicit liquor has been recovered, is in joint

Patna High Court CR. MISC. No.46822 of 2021(2) dt.28-02-2022 2/2 possession of the petitioner and his son, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.05.2020, passed in Cr. Misc. no. 16395 of 2020. Per contra, the learned A.P.P. 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 counsel for the parties and taking into account the materials available on record as also considering the fact that the son of the petitioner has already been granted bail by a co-ordinate Bench of this Court, apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since 24.06.2021, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with Nanpur PS case no. 262 of 2019. (Mohit Kumar Shah, J) rinkee/- U T