Nanhak Yadav @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74732 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nanhak Yadav @ Amit Kumar Kameshwar Yadav Resident Of VillageKhajuata, P.S.-UDAWANTNAGAR, Dist.-BHOJPUR. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya, Advocate Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Udwantnagar P.S. Case No.393/2023 lodged on 14.09.2023 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, total recovery of 60 litres of desi mahua wine is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made from the possession of the petitioner, rather from the seizure list, it appears that the alleged
Patna High Court CR. MISC. No.74732 of 2023(2) dt.29-11-2023 2/2 recovery has been made from a canal which is an open public place. The petitioner is in custody since 20.09.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Bhojpur at Ara, in connection with Udawantnagar P.S. Case No. 393/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T