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Patna High CourtCR. MISC./68557/2021bail granted

Shailendra Yadav v. The State Of Bihar

2022-06-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68557 of 2021 Arising Out of PS. Case No.-299 Year-2020 Thana- NAWADA MUFFASIL District- Nawada ====================================================== SHAILENDRA YADAV S/o Lakhan Yadav R/o Village- Chilongiya, P.S.- Kadirganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 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 the prosecution case, on a raid being conducted, a total of about 100 litres of country liquor was recovered from the possession of the co-accused. It is further stated that on enquiry, the co-accused disclosed that it was the petitioner who was supplying the wrappers, punching machine etc. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The petitioner has been falsely implicated in the case because of his antecedents. He is in custody since 14.7.2021 and investigation

Patna High Court CR. MISC. No.68557 of 2021(2) dt.06-06-2022 2/2 in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, no incriminating article having been recovered from the petitioner's possession nor his having been arrested at the spot and the petitioner having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Muffasil P.S. Case no.299 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 Additional Sessions Judge II-cum-Special Judge, Nawada.

(Partha Sarthy, J) Saurabh/- U T