Pintu Yadav @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49625 of 2023 Arising Out of PS. Case No.-351 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Pintu Yadav @ Pintu Kumar, Son Of Sadhu Yadav Resident Of VillageMeyari, Ps- Fatehpur, Distt- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 40 litres of liquor from an old husk house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is also submitted that even the husk

Patna High Court CR. MISC. No.49625 of 2023(2) dt.31-07-2023 2/2 house, which is a joint family property and thus, cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the husk house or the liquor kept in the husk house was within his knowledge. It is also submitted that the husk house is in disuse and was accessible to public at large, as such, it appears that someone inimical to the petitioner kept the liquor in the husk house to implicate the family.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.01, Gaya in connection with Fatehpur P. S. Case No.351 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T