Patna High CourtCR. MISC./74363/2023bail granted

Samlesh Yadav @Shamlesh Yadav v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74363 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Samlesh Yadav @ Shamlesh Yadav S/O Late Tapasi Yadav Village- Gadwi Simra, Ps. Simra, Dist. Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the State :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned APP for the State.

2. The petitioner seeks bail in connection with Amba P.S. Case No. 206 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Around 38 litres of illicit liquor has been recovered from the scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The seized vehicle does not belong to the petitioner and he has no concern with the alleged recovery. Learned counsel submits that the petitioner is in custody since 01.09.2023. Learned counsel further submits that the petitioner is ready to donate Rs. 10,000/- (Rupees Ten Thousand Only) in some

Patna High Court CR. MISC. No.74363 of 2023(2) dt.29-11-2023 2/2 charitable organization without accepting his guilt.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the above, this application is allowed.

7. 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 the learned Special Judge, Excise-I, Aurangabad (Bihar) in connection with Amba P.S. Case No. 206 of 2023.

8. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 10,000/- (Rupees Ten Thousand Only) in Ramakrishna Mission Ashrama, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

9. The petitioner will also mark attendance in Simra Police Station, Aurangabad on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U T