Shankar Yadav @ Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50408 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Shankar Yadav @ Kari Yadav Son Of Prithvi Yadav Resident Of VillageTulsiya Ward No. 04, Ps- Bihariganj, Dist- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

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 is a person with clean antecedent and the allegation is of recovery of 318 litres of liquor from a field situated behind the house of Prithvi Yadav.

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 alleged recovery

Patna High Court CR. MISC. No.50408 of 2023(2) dt.03-08-2023 2/2 is from a place, which does not belong to the petitioner.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-7th-cumSpecial Judge, Excise-2, Madhepura in connection with Bihariganj P. S. Case No.124 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