Patna High CourtCR. MISC./42466/2023bail granted

Shiv Kumar Yadav v. The State Of Bihar

2023-07-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42466 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Shiv Kumar Yadav Son Of Chandi Yadav Resident Of Village - Madhopur, P.S. - Laukaha, District - Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Laukaha P.S. Case No. 107 of 2023 dated 04.05.2023 (G.R. No. 301 of 2023) lodged under Sections 272, 273 & 34 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the total recovery of 168 liter desi wine has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that from the seizure list, it transpires that the recovery has been made near road. Counsel submits that the petitioner has been apprehended at near by place from where the recovery has been made.

Patna High Court CR. MISC. No.42466 of 2023(2) dt.14-07-2023 2/2

5. Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that petitioner is in custody since 04.05.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 107 of 2023 dated 04.05.2023 (G.R. No. 301 of 2023), subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T