Kamakhaya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52366 of 2019 Arising Out of PS. Case No.-243 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KAMAKHAYA YADAV Son of Late Brijlal Yadav Resident of VillageBhagwatipur, P.S.- Udwantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar (App 71) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Excise Case No. 1221 of 2019 arising out of Udwantnagar P.S. Case No. 243 of 2019, instituted for the offence under Section(s) 30(A) and 30(D) of Bihar Prohibition and Excise Act.

It is alleged in the written report that informant on getting information that Mahua liqur is being manufactured and sold near the canal situated at Bhagwatipur, he along with police personnel reached the place of occurrence and saw gathering of people. On seeing the police party, accused persons tried to run away, but petitioner along with co-accused Shiv Mangal Singh was apprehended. It is further alleged that on search, 50 litres of Mahua liquor kept in two Jarkin

Patna High Court CR. MISC. No.52366 of 2019(2) dt.27-08-2019 2/2 containing 20 litres each including some utensils for preparing of Mahua liquor has been recovered from the place of occurrence.

Counsel for the petitioner submits that petitioner has been made accused merely on suspicion.

Petitioner is in custody since 27.6.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge-cum-Special Judge, Excise, Bhojpur at Arrah, in connection with Excise Case No. 1221 of 2019 arising out of Udwantnagar P.S. Case No. 243 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T