Patna High CourtCR. MISC./65712/2024bail granted

Shambhu Yadav v. The State Of Bihar

2025-01-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65712 of 2024 Arising Out of PS. Case No.-160 Year-2024 Thana- SIMRI District- Buxar ====================================================== Shambhu Yadav, aged about 24 years,Male, Son of Shivjee Yadav Resident of Village - Chakani, P.S. - Simri, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Simri P.S. Case No. 160 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the allegation in the FIR, total 167.76 liters of illicit liquor recovered from dickey of a car bearing registration No. DL8CP6725.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner was not arrested on spot and his name surfaced from the

Patna High Court CR. MISC. No.65712 of 2024(4) dt.18-01-2025 2/2 identification of local chaukidar. He next submits that petitioner has no concern with the alleged recovered liquor as well as car. He further submits that the petitioner is in custody since 31.07.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, period of custody and similarly situated co-accused person namely Pankaj Kumar @ Rajesh Kumar @ Pankaj Kunwar has been granted bail in Cr. Misc. No. 64960 of 2024 vide order dated 17.09.2024, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Special Judge, Court No. 2, Buxar in connection with Simri P.S. Case No. 160 of 2024 with condition that petitioner shall remain present before the trial Court physically on each and every date till conclusion of the trial.

(Ramesh Chand Malviya, J) Anand Kr.

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