Patna High CourtCR. MISC./71109/2021bail granted

Mahatma Yadav v. The State Of Bihar

2022-05-26Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71109 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- GOGRI District- Khagaria ====================================================== MAHATMA YADAV Son of Late Nageshwar Yadav Resident of VillagePitaunjhia, P.S.- Gogari, District- Kahgaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Gogari P.S. Case No. 138/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation, as per the First Information Report, is that 25 litres of illicit country made liquor along with utensils has been recovered from the hutment (Basa) of the petitioner. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that illicit liquor has not been recovered from his conscious possession and/or Basa, but, due

Patna High Court CR. MISC. No.71109 of 2021(2) dt.26-05-2022 2/2 to local rivalry, his name has been disclosed in the present offence. He also submits that at the time of search and seizure the procedure prescribed under Section 100 Cr. P.C. was not followed.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner is in custody since 17.10.2021 having clean antecedent and there is no recovery from possession of the petitioner and/or his hutment, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise, Khagaria, in connection with Gogari P.S. Case No. 138 of 2021.

(Anil Kumar Sinha, J) S.Ali/- U T