Ajay Yadav @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54254 of 2022 Arising Out of PS. Case No.-347 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Ajay Yadav @ Vijay Yadav S/O Shivji Yadav Resident of village- Koini Mandhu, Saray, P.S.- Mashagadh, District- Gopalganj- 841427 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Prasad, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 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 Nautan P.S. Case No. 347 of 2022 lodged under Sections 30(a) & 30(d) of Bihar Prohibition and Excise Act, 2016. As per the prosecution case, total recovery of wine in this case is 48.600 litre.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The said recovery has been made from the bike and the said bike does not belongs to the petitioner. Counsel further submits that petitioner is in custody since 18.06.2022, charge sheet has already been

Patna High Court CR. MISC. No.54254 of 2022(3) dt.18-11-2022 2/2 filed in this case. Counsel further submits that there is only one case pending against the petitioner in which he is on bail. Learned counsel for the petitioner submits that he has filed a supplementary affidavit in this case by which he has contained the order dated 20.06.2018 passed in Cr. Misc. No. 34250 of 2018 by which co-accused has been granted bail by the Coordinate Bench of this Court. 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 Bettiah Champaran, Bihar in connection with Nautan P.S. Case No. 347 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.) sadique/- U T