Patna High CourtCR. MISC./68763/2023bail granted

Ram Peyare Yadav @ Surya v. The State Of Bihar

2023-11-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68763 of 2023 Arising Out of PS. Case No.-329 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Ram Peyare Yadav @ Surya S/O Satya Narayan Yadav Resident Of VillageBiseni, P.S Aurangabad Muffasil, District Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Ranjan, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Aurangabad Mufassil P.S. Case no.329 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that secret information was received with respect to the petitioner having stored liquor in his old house. On a raid being conducted, 75 litres of country liquor was recovered from the old house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He has no antecedent under the Bihar Prohibition and Excise Act, 2016. From the contents of the F.I.R itself it would transpire that the

Patna High Court CR. MISC. No.68763 of 2023(2) dt.01-11-2023 2/2 alleged place of recovery is an open place accessible to all. The petitioner is in custody since 28.8.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the alleged place of recovery being a dilapidated old house of the petitioner, his being in custody since 28.8.2023 and not having antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Aurangabad Mufassil P.S. Case no.329 of 2023 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 Special Judge Excise- I, Aurangabad, Bihar.

(Partha Sarthy, J) Shiv/- U T