Patna High CourtCR. MISC./53533/2022bail granted

Utim Yadav @ Utin Yadav v. The State Of Bihar

2022-10-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53533 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Utim Yadav @ Utin Yadav S/o Late Bacha Yadav, Resident of villageAwenagar, Goan Palika Bhagwanpur, P.S.- Lahan, District- Sirsa, Nepal Provine No-2 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with G.R. No.388 of 2022 arising out of Laukaha (Lalmaniya) P.S. Case No. 146 of 2022 lodged under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the total recovery in this case is 132 liters of Nepali wine is alleged to be made in this case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.53533 of 2022(2) dt.21-10-2022 2/2 submits that the allegation against the petitioner is that he has thrown the said wine in the open field and started fleeing away. Learned counsel for the petitioner further submits that antecedent of petitioner is clean and he is in custody since 06.06.2022 in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with G.R. No. 388 of 2022 arising out of Laukaha (Lalmaniya) P.S. Case No. 146 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T