Patna High CourtCR. MISC./39075/2023bail granted

Shobhi Yadav v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39075 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- LACHHUAR District- Jamui ====================================================== SHOBHI YADAV S/o- BISHU YADAV Village- Nawadih Ps- Lachhuarh Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2023 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 Lachhuar P.S. Case No. 20 of 2023 dated 15.02.2023 registered for the offences punishable u/ss 272, 273 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 440 litres of illicit mahua liquor was recovered from a Bolero vehicle. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.39075 of 2023(2) dt.28-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2023. 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, Jamui in connection with Lachhuar P.S. Case No. 20 of 2023.

The application stands allowed.

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