Shyam Babu Yadav @ Shyam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67624 of 2021 Arising Out of PS. Case No.-429 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SHYAM BABU YADAV @ SHYAM KUMAR YADAV, Son of Late Dhanush Rai @ Late Dhanush Prasad Yadav Resident of Village - Lalpur, P.S.- Runnisaidpur, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, on a raid being conducted 812.940 litres of liquor was recovered from the premises of Ramashankar Rai and it was stated that the four named accused persons had got the liquor from the petitioner and his brother who were both big dealers of liquor.

It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. itself neither the petitioner has been arrested at the spot nor any incriminating article has been recovered from his possession. The only material against him is

Patna High Court CR. MISC. No.67624 of 2021(2) dt.28-04-2022 2/2 the statement of the police that some information was received that the four named accused persons had obtained liquor from the petitioner. The petitioner is in custody since 07.09.2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who was neither arrested at spot together with the petitioner having remained in custody for 7 months, the petitioner is directed to be enlarged on bail in connection with Runisaidpur P. S. Case No. 429 of 2020, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.- II-cum-Special Judge Excise, Sitamarhi.

(Partha Sarthy, J) skm/- U T