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Patna High CourtCR. MISC./1565/2022bail granted

Jagdamba Singh @ Jagdamba Yadav v. The State Of Bihar

2022-06-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1565 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- RAJPUR District- Buxar ====================================================== JAGDAMBA SINGH @ JAGDAMBA YADAV Son of Late Sipahi Singh Resident of Village- Paharpur, P.S.- Sikraul, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 1347.84 litres of liquor was recovered from a pick up van and co-accused Kishan Kumar Gupta was taken into custody. It is further stated that on enquiry, he disclosed the names of the accused where the liquor was to be delivered which included the petitioner herein. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has no concern either with the seized liquor nor with the vehicle in question. The cause of his false implication is his antecedent.

Patna High Court CR. MISC. No.1565 of 2022(2) dt.09-06-2022 2/2 He is in custody since 1.11.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the petitioner having remained in custody for 7 months together with chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Rajpur P.S. Case no.27 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Buxar. (Partha Sarthy, J) Saurabh/- U T