Shambhu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69068 of 2021 Arising Out of PS. Case No.-428 Year-2021 Thana- BHORE District- Gopalganj ====================================================== SHAMBHU KUMAR YADAV Son of Late Dinanath Yadav Resident of Village - Kalyanpur, Panditaha, P.S.- Bhorey, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bhorey Police Station Case No. 428 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on the basis of the secret information that the petitioner is indulged in the sell of illicit liquor, raided the house of the petitioner and recovered 66 litres of illicit country-made liquor from the bush, situated in the back side of the house of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.69068 of 2021(2) dt.23-05-2022 2/3 motive and he has not committed any offence in the manner alleged. He further submits that nothing has been recovered from the conscious possession and/or premises belonging to the petitioner and the recovery of illicit liquor was made from the bush situated in the backside of the house of the petitioner, which is an open space and is accessible to all and sundry. He further submits that the petitioner is in custody since 05.10.2021, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that illicit liquor has not been recovered from the conscious possession and/or premises belonging tot he petitioner, charge sheet has already been submitted and the petitioner is in custody since 05.10.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.69068 of 2021(2) dt.23-05-2022 3/3 satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Gopalganj, in connection with Bhorey Police Station Case No. 428 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √