Patna High CourtCR. MISC./43434/2023bail granted

Gauri Shankar @ Vidyarthi Yadav @ Vidyarthi v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43434 of 2023 Arising Out of PS. Case No.-66 Year-2021 Thana- ATRI District- Gaya ====================================================== Gauri Shankar @ Vidyarthi Yadav @ Vidyarthi Son Of Late Lila Yadav Resident Of Village- Chahal Mudera, Ps- Atri, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Atri P.S. Case No. 66 of 2021 dated 23.02.2021 registered for the offences punishable u/ss 272, 273 of the Indian Penal Code and u/ss 30(a) (d) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 2500 litres of mahua liquor and 80 litres of illicit country made liquor were recovered from the place of occurrence.

Patna High Court CR. MISC. No.43434 of 2023(2) dt.27-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner was not apprehended from the spot and the name of the petitioner was disclosed by local people. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2023.

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, Gaya in connection with Atri P.S. Case No. 66 of 2021.

8. The application stands allowed.

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