Kamalesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11815 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- TILAUTHU District- Rohtas ====================================================== KAMALESH YADAV S/o Sita Yadav R/o village- Tilauthu, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Tilauthu P.S. Case no. 89 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a raid being conducted 150 litres of liquor was recovered and the four accused persons managed to escape. The petitioner was identified by the Chowkidar amongst the accused persons. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He was not arrested at the spot. He has no criminal antecedent and is in custody since 23.9.2020. The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case

Patna High Court CR. MISC. No.11815 of 2021(2) dt.13-07-2021 2/2 including the petitioner not having any criminal antecedent and being in custody for 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Tilauthu P.S. Case no. 89 of 2020 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 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram.

(Partha Sarthy, J) Prakash/- U