Patna High CourtCR. MISC./39554/2023bail granted

Balindra 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.39554 of 2023 Arising Out of PS. Case No.-395 Year-2021 Thana- BHORE District- Gopalganj ====================================================== BALINDRA YADAV Son of Misri Chaudhari Resident of village - Madarvani, P.S. - Phulwaria, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Bhore P.S. Case No. 395 of 2021 dated 6.9.2021 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 511.4 litres of liquor is alleged to have recovered from Sadhuwain Mandir near Dhobaha Ghat.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.39554 of 2023(2) dt.05-07-2023 2/2 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 no concern with the alleged recovery. The petitioner was not apprehended from the place of occurrence. The petitioner is accused in six other criminal cases in which he is on bail in two cases as stated in para 3 of the bail petition. The petitioner is in custody since 30.5.2023. 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 Bhore P.S. Case No. 395 of 2021.

The application stands allowed.

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