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Patna High CourtCR. MISC./38895/2020allowed

Sanjit Yadav v. The State Of Bihar

2021-02-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38895 of 2020 Arising Out of PS. Case No.-112 Year-2019 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Sanjit Yadav Son Of Dudhnath Yadav Resident Of Village - Baraipati, P.S. - Yadavpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Vishambharpur P.S. Case No. 112 of 2019 registered for the offences under Sections 30(a), 38, 41 of the Bihar Prohibition & Excise Act.

In the instant case, 71 litres of liquor was seized.

Learned counsel appearing on behalf of the petitioner would submits that name of the petitioner has surfaced on the confession of the apprehended accused

Patna High Court CR. MISC. No.38895 of 2020(2) dt.12-02-2021 2/2 person from whom liquor has been seized. Nothing was recovered from the possession of the petitioner. The petitioner has surrendered in this case on 19.08.2020 and since then he has almost completed six months of custody. Moreover, the petitioner is not having any criminal antecedent.

Considering the fact that petitioner has no criminal antecedent and nothing was recovered from the conscious possession of the petitioner, this Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cumSpecial Judge, Excise, Gopalganj in connection with Vishambharpur P.S. Case No. 112 of 2019.

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