Surendra Yadav @ Surendra Prasad @ Surendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53534 of 2022 Arising Out of PS. Case No.-515 Year-2021 Thana- MAJHAULIYA District- West Champaran ====================================================== Surendra Yadav @ Surendra Prasad @ Surendra Prasad Yadav Son of Babulal Yadav R/O Village - Narayanpur Parsa, P.S.- Majhauliya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, 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 Majhauliya P.S. Case No. 515 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per prosecution case, the recovery of 800 liters of spirit is subject matter of this case.

Learned counsel for the petitioner submits that said recovery was alleged to be made near the bank of Kohra river. He further submits that the said bank does not belong to the petitioner. He further submits that petitioner has clean

Patna High Court CR. MISC. No.53534 of 2022(2) dt.21-10-2022 2/2 antecedent and he is in custody since 23.07.2022. He also submits that co-accused of this case has already been granted bail by the Co-ordinate Bench of this Court vide order dated 23.09.2022 passed in Cr. Misc. No. 37335 of 2022. 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 Exclusive Special Judge, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 515 of 2021, 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