Chhotan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50828 of 2023 Arising Out of PS. Case No.-679 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Chhotan Yadav, Son Of Baban Yadav Resident Of Village - Pachlakhi, P.S. - Nautan, Distt. - Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

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 has antecedent of one case and the allegation is of recovery of 235 litres of beer concealed in a ditch.

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 at the instance of local villagers, but then, the F.I.R. does not disclose the name of the villager, who disclosed the

Patna High Court CR. MISC. No.50828 of 2023(2) dt.07-08-2023 2/2 name of the petitioner, which cast an aspersion on the case of the prosecution.

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 Judge, Court No.II, Siwan in connection with Siwan Excise P. S. Case No.679 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