Patna High CourtCR. MISC./37888/2023bail granted

Balindra 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.37888 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Balindra Yadav Son of Misri Yadav @ Misri Chaudhari Madarvani, PsPhulwaria, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Lalan 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 Phulwaria P.S. Case No. 156 of 2023 dated 11.05.2023 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, the petitioner was apprehended with motorcycle from which 44.200 litres of country made liquor was recovered in a gunny bag. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37888 of 2023(2) dt.28-06-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.05.2023.

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, Gopalganj in connection with Phulwariya P.S. Case No. 156 of 2023.

The application stands allowed.

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