Sukho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69199 of 2021 Arising Out of PS. Case No.-195 Year-2021 Thana- MANSI District- Khagaria ====================================================== SUKHO YADAV Son of Arun Yadav Resident of Village - Ekania, P.S.- Mansi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mansi Police Station Case No. 195 of 2021, registered for the offences punishable under Sections 30 (a)/37 (c) of the Bihar Prohibition and Excise Act, 2016 and Sections 25 (1-b)a/26/35 of the Arms Act.

The prosecution case, as per the First Information Report, is that the police intercepted one motorcycle on which three persons, including the petitioner, were riding and from the possession of the petitioner, 02 litres of illicit country-made liquor and from the possession of other co-accused persons, one loaded country-made pistol and one live cartridge, were recovered.

Patna High Court CR. MISC. No.69199 of 2021(2) dt.23-05-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the polcie due to village politics and he has not committed any offence in the manner alleged. He further submits that from perusal of the First Information Report, it would be evident that no fire arm has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 12.07.2021, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that fire arm has not been recovered from the possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 12.07.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.69199 of 2021(2) dt.23-05-2022 3/3 satisfaction of learned Special Judge, Excise, Khagaria, in connection with Mansi Police Station Case No. 195 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √