Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69412 of 2021 Arising Out of PS. Case No.-226 Year-2021 Thana- LADANIA District- Madhubani ====================================================== SUNIL YADAV Son of Biltu Yadav @ Vilat Yadav Resident of VillageYogiya Simara Tole, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ladaniya P.S. Case No. 226 of 2021, corresponding to GR No. 1313 of 2021 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of 300ml bottles of illicit Gaurav sauf Nepali country made liquor from the house of the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.69412 of 2021(2) dt.08-06-2022 2/3 submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in two other cases, but he is on bail in the said cases. The petitioner is stated to be languishing in custody since 17.9.2021. The learned counsel for the petitioner has further submitted that the house in question is in joint possession of the petitioner and his family members, hence, the petitioner cannot be singled out and saddled with the liability of the illicit liquor recovered from the house in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I

Patna High Court CR. MISC. No.69412 of 2021(2) dt.08-06-2022 3/3 deem it ft and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 226 of 2021, corresponding to G.R.No. 1313 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T