Patna High CourtCR. MISC./38133/2023bail granted

Amit 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.38133 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== AMIT YADAV SON OF LATE NANDU YADAV RESIDENT OF VILLAGE- MATHWALIA (MATHAULI), PS- TAMKUHI RAJ, DISTRICTKUSHINAGAR (UTTAR PRADESH) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tapeshwar Sharma ====================================================== 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 APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Baikunthpur P.S. Case No. 132 of 2023 dated 15.04.2023 registered for the offences punishable under Section 414 of the IPC and sections 30(a) and 41of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 185 litres of foreign wine was recovered from the Santro car.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.38133 of 2023(2) dt.28-06-2023 2/2 the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said car. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 16.04.2023. 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, Gopalganj in connection with Baikunthpur P.S. Case No. 132 of 2023.

The application stands allowed.

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