Fantus Yadav @ Fatush Yadav @ Futush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53492 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Fantus Yadav @ Fatush Yadav @ Futush Yadav S/o Indradev Yadav R/o village- Arariya, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 Let the defect(s), 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 Parbatta P.S. Case No. 29 of 2021 lodged under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, the total recovery of 180 litres and 126 litres of foreign made liquor have alleged to be made from two different places.

The petitioner related to recovery of 180 litres, learned counsel for the petitioner submits that the said recovery has taken place at the basa of the petitioner which is a joint family property. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.53492 of 2022(2) dt.21-10-2022 2/2 it has not recovered from the conscious position of the petitioner. He further submits that basa is such a place where common people used to go there. Learned counsel for the petitioner submits that he is in custody since 03.08.2022, charge sheet has already been filed in this case and there is one case pending against him in which he is on bail and this case was not of excise matter.

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 Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 29 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.) prakashmani/- U T