Amarjeet Yadav @ Amarjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41056 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== AMARJEET YADAV @ AMARJIT YADAV Son of Somari Yadav Resident of Village- Bhathawa, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jadopur P.S. Case no. 03 of 2020, G.R. no. 42 of 2020 registered under sections 307, 188, 353, 506 and 34 of the Indian Penal Code, section 27 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, six accused persons who were carrying illicit liquor on three boats were surrounded. While one accused person was caught, five of them including the petitioner herein managed to escape. A total of about 520 litres of illicit liquor was recovered.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor has any incriminating article being recovered from his possession. The name of the petitioner transpired in the statement of co-accused

Patna High Court CR. MISC. No.41056 of 2020(2) dt.10-03-2021 2/2 Umesh Yadav made before the police. The said Umesh Yadav has been enlarged on bail vide order dated 13.5.2020 (Annexure-2) passed in Cr. Misc. No. 11273 of 2020. The petitioner is in custody since 28.8.2020, investigation in the case with respect to him has concluded and he has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, grant of bail to co-accused Umesh Yadav and the petitioner being in custody since 28.8.2020, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jadopur P.S. Case no. 03 of 2020, G.R. no. 42 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, Gopalganj. (Partha Sarthy, J) sushma/- U