Patna High CourtCR. MISC./1093/2022bail granted

Dinesh Yadav v. The State Of Bihar

2022-03-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1093 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== DINESH YADAV S/o- Bihari Yadav Resident of Village- Balua, P.S.- Brahmpur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Complaint Case No. 11(O)/2021 instituted for the offences under Section 30(a) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.08.2021, prosecution report has been submitted in the case and has antecedent of 10 cases. Learned counsel for the petitioner submits that the allegation is of recovery of 17.280 litres of liquor from Sarvajeet who disclosed the name of this petitioner alleging that he fled after seeing the police.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1093 of 2022(2) dt.03-03-2022 2/2 petitioner was not arrested from the spot, his name came in the confessional statement of co-accused and the police deliberately made him an accused in a case of liquor based on his antecedent.

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

Considering the fact that the petitioner is in custody, prosecution report has been submitted in the case and was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Buxar in connection with Complaint Case No. 11(O)/2021.

(Satyavrat Verma, J) Rishi/- U T