Patna High CourtCR. MISC./36911/2020bail granted

Abhishek Yadav v. The State Of Bihar

2021-02-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36911 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- BAUSI District- Purnia ====================================================== ABHISHEK YADAV, SON OF DAYARAM YADAV RESIDENT OF VILLAGE- KORLI MAJGAMA THANA KEYOTI DISTRICT DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr. Ram Pravesh Kumar, Advocate For the State :

Mr. Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 11.06.2020 in connection with Baisi P.S. Case No. 136 of 2020 giving rise to Special Excise Case No. 237 of 2020 for the alleged offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 694.080 litres of wine from a pick-up van. The petitioner denies recovery of the offending goods from his conscious possession. In any event,

Patna High Court CR. MISC. No.36911 of 2020(2) dt.05-02-2021 2/2 the petitioner has already suffered custody for more than seven months since 11.06.2020, and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 11.06.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Purnea in connection with Baisi P.S. Case No. 136 of 2020 giving rise to Special Excise Case No. 237 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T