Patna High CourtCR. MISC./42763/2023bail granted

Ashok Kumar Yadav v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42763 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- GUTHANI District- Siwan ====================================================== Ashok Kumar Yadav S/O Bisundev Yadav R/O Village- Khedhay Tola Hata, P.O- Khedhay, P.S- Andar, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Guthani P.S. Case No. 144 of 2023 dated 28.05.2023 registered for the offences punishable u/s 414 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 357 litres of illicit liquor was recovered from four different motorcycles.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42763 of 2023(2) dt.20-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 29.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Siwan in connection with Guthani P.S. Case No. 144 of 2023.

8. The application stands allowed.

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