Patna High CourtCR. MISC./4489/2021bail granted

Chimpu Kumar Yadav v. The State Of Bihar

2021-03-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4489 of 2021 Arising Out of PS. Case No.-1090 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Chimpu Kumar Yadav Son of Satto Yadav Resident of Village - Ranipur Nawtohiya, P.S.- Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2021 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 G.O. Case no. 1090 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 231 litres of IMFL was recovered from the "Bhusaghar" of the house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article as alleged has been recovered. The so called "Bhusaghar" is not under exclusive lock and key of the petitioner and is accessible to outsiders. The petitioner has no criminal antecedent and is in custody since 8.10.2020 i.e. for over 5 months. Charge sheet has been submitted in the case.

Patna High Court CR. MISC. No.4489 of 2021(2) dt.22-03-2021 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with G.O. Case no. 1090 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 Addl. Sessions Judge II-cum-Special Judge, Excise Act, Darbhanga.

(Partha Sarthy, J) Prakash/- U