Patna High CourtCR. MISC./39166/2019allowed

Basant Yadav v. The State Of Bihar

2019-06-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39166 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== Basant Yadav S/o Ram Surat Singh Resident of Village-Murhi, P.S.- Darigawn, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Sasaram (Darigawn) P.S. Case No. 198 of 2019 for the offence under section 30(A) of the Bihar Prohibition & Excise Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Learned counsel for the petitioner submits that the name of the petitioner surfaced on the confessional statement of co-accused Lourik Paswan.

It is alleged that 95 liters Mahua illegal wine was seized in the instant case.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the

Patna High Court CR. MISC. No.39166 of 2019(2) dt.26-06-2019 2/2 petitioner.

The Petitioner is in custody since 28.5.2019. Considering the fact that petitioner has no criminal antecedent and nothing was recovered from the conscious possession of the petitioner and his name surfaced on the confessional statement, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged 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 Additional District and Sessions Judge-2nd cum Special Judge (Excise) Rohtas, Sasaram, in connection with Sasaram (Darigawn) P.S. Case No. 198 of 2019.

(Anil Kumar Upadhyay, J) Ravi/- U T