Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40925 of 2020 Arising Out of PS. Case No.-442 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== UDAY YADAV Son of Kameshwar Yadav Resident of Village- Ghosikundi, P.S.- Kiul, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kr. Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Lakhisarai (Kabaiya) P.S. Case no. 442 of 2020 registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, two named accused persons including the petitioner herein were caught by the police by the river side and it is stated that a total of 60 litres of mahua liquor was recovered from their possession. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. He has been falsely implicated in the case. He has no criminal antecedent and he is in custody since 30.8.2020. Chargesheet has been submitted in

Patna High Court CR. MISC. No.40925 of 2020(2) dt.10-02-2021 2/2 the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case especially the petitioner being in custody since 30.8.2020, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lakhisarai (Kabaiya) P.S. Case no. 442 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Lakhisarai.

(Partha Sarthy, J) sushma/- U