Patna High CourtCR. MISC./3128/2023bail granted

Subodh Yadav v. The State Of Bihar

2023-04-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3128 of 2023 Arising Out of PS. Case No.-7 Year-2020 Thana- PIRI BAZAR District- Lakhisarai ====================================================== SUBODH YADAV Son of Baleshwar Yadav Resident of village/ MuhallaKathara, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Piri Bazar P.S. Case No. 07 of 2020, dated 20.01.2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that as per the seizure list the alleged wine was recovered from the land of one namely, Pairu Yadav who happens to be brother of this petitioner and has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 10694 of 2023 and the petitioner was not arrested at the spot and several persons were alleged to be involved in manufacturing of the alleged wine and as per the prosecution the police Chowkidar, disclosed the name of this petitioner and

Patna High Court CR. MISC. No.3128 of 2023(2) dt.26-04-2023 2/2 moreover, against the petitioner investigation has been completed and he has been languishing in jail since 27.08.2022.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that the petitioner was not arrested at the spot of recovery of wine and co-accused, Pairu Yadav from whose land, recovery of the alleged wine was made, is on bail and against the petitioner investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Piri Bazar P.S. Case No. 07 of 2020.

(Shailendra Singh, J.) maynaz/- U T