Shailendra Kumar Yadav @ Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61649 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== SHAILENDRA KUMAR YADAV @ SHAILENDRA KUMAR Son of Late Hari Narayan Yadav Resident of Village- Phulparas, Purwari Tol, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, 1484.28 litres of liquor was recovered from the vehicle. It is stated that some of the accused persons including the petitioner herein taking benefit of the darkness managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has been falsely implicated in the case. The petitioner has no concern

Patna High Court CR. MISC. No.61649 of 2021(2) dt.11-04-2022 2/2 either with the seized vehicle nor with the seized liquor. He is in custody since 3.9.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Phulparas P.S. Case no.13 of 2021 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 Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Saurabh/- U T