Patna High CourtCR. MISC./70135/2022allowed

Sanjay Yadav v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70135 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Sanjay Yadav Son Of Bhola Yadav R/O Village - Rauahi, P.S.- Andhra Math, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 60 litres of illicit liquor from a motorcycle. The petitioner is owner of the seized motorcycle.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.70135 of 2022(2) dt.13-01-2023 2/3 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has come only because he is the owner of the seized motorcycle. The petitioner has given the said motorcycle to one of the villagers to go to his relative village buyt he has misused the motorcycle of the petitioner. The petitioner is languishing in custody since 29.09.2022. The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Madhubani.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with Andhramath P.S. Case No. 32 of 2022.

The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.70135 of 2022(2) dt.13-01-2023 3/3 by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority, Madhubani.

(Sunil Kumar Panwar, J) Shageer/- U T