Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70914 of 2021 Arising Out of PS. Case No.-391 Year-2021 Thana- GOGRI District- Khagaria ====================================================== NARESH YADAV Son of Maheshwar Yadav Resident of Village - Goraiya Bathan, P.S.- Gogari, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Gogari P.S. Case No. 391 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 27.9.2021, charge-sheet has been submitted and has antecedent of one case.

Allegation is of recovery of 7 litre of liquor along with 200 litre of Jawa Mahua from the hut of the petitioner. Learned counsel for the petitioner submits that the hut does not belong to the petitioner nor he was apprehended from the spot and came to be falsely implicated by the police because

Patna High Court CR. MISC. No.70914 of 2021(2) dt.25-02-2022 2/2 of his antecedent.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and was not apprehended from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria in connection with Gogari P.S. Case No. 391 of 2021.

(Satyavrat Verma, J) Kundan/- U T