Hari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49358 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== HARI YADAV SON OF BACHCHA LAL YADAV RESIDENT OF VILLAGE- MANSARA, PS- GHANSHYAMPUR, DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ugranath Mallik, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ghanshyampur P.S. Case No.93 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3.

The accused/petitioner is named in the F.I.R. and is in custody since 01.05.2023.

4.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 124.15 litres of illicit liquor.

5.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from a hut, besides the house of this petitioner, which is

Patna High Court CR. MISC. No.49358 of 2023(2) dt.11-08-2023 2/3 not connected in any manner to this petitioner and as such, it cannot be said that alleged recovery was made from conscious physical possession of this petitioner. It is also submitted that compliance of Section 100(4) of the Cr.P.C. not appears to be followed in present case, regarding search of premises. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. 6.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above and by taking note of the fact as alleged recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner coupled with the fact that charge-sheet has already submitted, where, petitioner is a man of clean antecedent and in custody since 01.05.2023, let the petitioner, above named, is directed to be released on bail in connection with Ghanshyampur P.S. Case No.93 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Darbhanga/concerned court,

Patna High Court CR. MISC. No.49358 of 2023(2) dt.11-08-2023 3/3 subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T