Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57259 of 2023 Arising Out of PS. Case No.-453 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== ANIL YADAV SON OF LATE AMRIT YADAV RESIDENT OF VILLAGEDHARHARA KHURD, PS- FATEHPUR, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Fatehpur P.S. Case No.453 of 2023 dated 22.06.2023 registered for the offence/s punishable under Section/s 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to recovery of 100 litres of country-made liquor kept on a motorcycle, but in fact the petitioner had no connection to the seized motorcycle and he was not aware of the same and he was caught on suspicion when he was passing nearby the place of occurrence. Further submissions are that though against the petitioner, there are criminal antecedent of two cases but he has

Patna High Court CR. MISC. No.57259 of 2023(2) dt.30-08-2023 2/2 got bail in both the cases and in the present matter he has been languishing in jail since 24.06.2023 and witnesses of the seizure are police personnel.

4.

Learned APP appearing for the State opposes the bail prayer and submitted that against the petitioner the investigation has been completed.

5.

Considering the above submissions and mainly the fact that the main witnesses of the seizure are police personnel who are to be examined in the trial of the petitioner and against the petitioner the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail after framing of charge in connection with Fatehpur P.S. Case No.453 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

6.

The Trial Court is directed to take steps to frame the charge/s upon the petitioner as early as possible. (Shailendra Singh, J) sangam/- U T