Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52307 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- GURUA District- Gaya ====================================================== VINAY YADAV S/O DHANRAJ YADAV @ DHARAJ YADAV R/O VILLAGE- JAINAGAR, PS. GURUA, DIST. GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Arvind Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Gurua P.S. Case No. 135 of 2022 registered for the offence punishable under Sections 30(a)(d) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the allegation made in the F.I.R., altogether 110 litres of Mahua country made liquor was recovered from near the Chalo Pahari of village Jaynagar.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has committed no offence. Nothing has been recovered from the conscious physical possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.52307 of 2023(2) dt.19-08-2023 2/2 been roped in this merely on suspicion on the disclosure made by the local chaukidar. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judgecum-Exclusive Special Excise Judge, Court No.2, Gaya in connection with Gurua P.S. Case No. 135 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T