Babu Saheb Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69478 of 2021 Arising Out of PS. Case No.-195 Year-2021 Thana- MANSI District- Khagaria ====================================================== 1.

BABU SAHEB YADAV Son of Tarun Yadav Resident of Village- Akania, P.S.- Mansi, District- Khagaria.

2.

Pintu Sada Son of Najir Sada Resident of Village- Kharra Dhamhara, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hare Krishna Prasad, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Mr. Hare Krishna Prasad, learned counsel for the petitioners and Ms. Pushpa Sinha, Additional Public Prosecutor for the State.

Petitioners seek regular bail in connection with Mansi PS Case No. 195/2021 registered for the offence punishable under Sections 30(a)/37(c) of Bihar Prohibition & Excise Act and under Sections 25(1-b)a, 26/35 of the Arms Act. The police on the basis of secret information intercepted a motorcycle being ridden by three accused persons and arrested them. The police recovered pistols, live cartridges, two litres of illicit liquor etc., from the accused persons. Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged. He further submits that from the FIR and the seizure list, it would be evident that from the possession of petitioner

Patna High Court CR. MISC. No.69478 of 2021(2) dt.23-05-2022 2/2 no. 1, one loaded pistol, a live cartridge and one motorcycle while from petitioner no.2, only one live cartridge have been recovered. Petitioners are in custody since 12.07.2021, the charge-sheet has already been submitted in the matter and there is no likelihood that the petitioners will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioners are in custody since 12.07.2021, the charge-sheet has already been submitted in the matter and there is no likelihood that the petitioners will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Khagaria in connection with Mansi PS Case No. 195/2021.

(Anil Kumar Sinha, J) perwez U T