Siya Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37849 of 2023 Arising Out of PS. Case No.-245 Year-2019 Thana- KONCH District- Gaya ====================================================== Siya Lal Yadav, S/O Bachchu Yadav, R/O Village- Garari, Mathia, PS. Konch, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== 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 Konch P.S. Case No. 245 of 2019 dated 08.08.2019 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 120 litres of country made liquor was recovered in the field of Garari Mathiya near the bank of Sinare river. It is further alleged that the petitioner and the co-accused persons were engaged in manufacturing of

Patna High Court CR. MISC. No.37849 of 2023(2) dt.28-06-2023 2/2 illicit liquor.

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 possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged place of occurrence. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2023. Learned A.P.P. for the State has vehemently opposed the prayer of 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, Gaya in connection with Konch P.S. Case No. 245 of 2019.

The application stands allowed.

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