Patna High CourtCR. MISC./53213/2023bail granted

Abhimanyu Yadav @ Avimanyu Kumar v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53213 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Abhimanyu Yadav @ Avimanyu Kumar Son Of Sitaram Yadav Resident Of Village- Maduaha, P.S-. Nautan, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Nautan P.S. Case No. 128 of 2023 dated 15.04.2023. registered for the offences punishable u/s 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 49.9 litres and 7.2 litres of illicit liquor were recovered from the motorcycles of the petitioner and the co-accused.

Patna High Court CR. MISC. No.53213 of 2023(2) dt.24-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The motorcycle does not belong to the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 16.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Nautan P.S. Case No. 128 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T