Patna High CourtCR. MISC./37721/2023bail granted

Surendra Yadav v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37721 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- AMBA District- Aurangabad ====================================================== SURENDRA YADAV S/O GANESH YADAV R/O Village- Kala Karma (Bhairwadih, P.O. Chhatarpur, PS. Chhatarpur, Dist. Palamu (Jharkhand)- 822113 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Amba P.S. Case No. 98 of 2023 (G.R. No. 716 of 2023) dated 22.4.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 31.680 litres of liquor is alleged to have recovered from the motorcycle. The petitioner was the driver of the said motorcycle.

Patna High Court CR. MISC. No.37721 of 2023(2) dt.28-06-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.4.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Amba P.S. Case No. 98 of 2023 (G.R. No. 716 of 2023).

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T